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(영문) 광주지방법원 순천지원 2013.11.29 2013고단2022
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

At around 00:50 on September 4, 2013, the Defendant: (a) mistakend that the victim F (the 62-year-old age) committed an indecent act by drinking off D’s buckbucks, a woman living together with the Defendant, etc., within the main point of “E” operated by D, 00:50 p.m., the Defendant left the part of the victim’s bucks one time due to an empty beer disease located in the place.

Accordingly, the defendant carried dangerous things with the victim and carried up an open top of 2 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of F by prosecution;

1. Application of the Acts and subordinate statutes to the damaged part photograph of victim F;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 201Do134, Jan. 1, 201; 201Do1144, Feb.

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

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