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(영문) 광주지방법원 2013.11.26 2013고단4485
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 4, 2013, at around 03:0, the Defendant 2nd floor “D” of the building located in Gwangju Mine-gu, Gwangju, about 03:00, while drinking alcohol together with the victim E (28 years of age), left the victim’s neck one time by hand and continued to sleep the victim’s neck, which is a dangerous object on his table, and went back once due to the beer’s disease, and went back the victim’s face and body by drinking and drinking.

As a result, the Defendant carried dangerous things with the victim, thereby causing approximately 2 cm per day of treatment to tear.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and F;

1. Application of Acts and subordinate statutes to photograph victims;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. In light of the following facts: (a) the Defendant committed assault and assault for the reason of sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., such as the victim’s transfer to a beer disease, which is a dangerous object; and (b) the Defendant committed the instant crime twice a fine due to the same type of crime in the past; and (c) once a suspended sentence has served for the same type of crime, the Defendant repeated the instant crime; (d) however, the Defendant’s mistake is divided and contradictory to himself; (e) the Defendant has been punished six times a suspended sentence, but there was no history of having been sentenced to punishment for the Defendant; (e) the Defendant did not want the Defendant to be punished; and (e) the motive, means and consequence of the instant crime; and (e) the motive, means and consequence of the instant crime; and (e) the Defendant’s age, character and behavior; and (e) the victim’s side condition for sentencing.

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