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(영문) 광주지방법원 목포지원 2014.06.19 2014고단543
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 6, 2014, around 23:50, the Defendant: (a) inflicted an injury on the victim E (the 50-year-old) by taking advantage of the fact that the victim E (the 50-year-old) in the D packing horse located in Yong-Gun, Yannam-gun, Yannam-gun, would be brucing as a vision, and caused the victim’s injury to the victim, such as a non-alley flading the victim’s body above the end of this end.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Grounds for sentencing under Article 62(1) of the Criminal Act (including the following grounds for sentencing)

1. Determination of types of crimes: Type 1: Habitual injury, repeated injury, and special injury resulting from violent crimes;

2. Determination of the scope of sentence: Reduction area, one year and six months from June to two years (a person who is subject to special mitigation: A person not subject to punishment);

3. Determination of sentence and suspended execution shall be determined as per the order by reducing the punishment of the accused within the scope of the sentencing guidelines in consideration of the following: (a) the accused acknowledges and reflects his mistake; (b) the agreement with the victim; (c) the fact that the accused appears to have reached the instant crime by contingency; and (d) the accused has no criminal record related to violent crimes; and (c) the enforcement thereof shall

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