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(영문) 광주지방법원 목포지원 2014.04.21 2014고단40
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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 18:15 on January 5, 2014, the Defendant attempted to visit the victim D, which was operated by the victim D, in Sinpo City, on the ground that he did not met, destroyed the air conditioners so that the repair costs in the city of the city of the city can be increased by cutting off the air conditioners of the victim F (50 years of age), which is a product dangerous to the head of the victim F (50 years of age) who was seated by the Defendant. The Defendant was faced with the victim F due to drinking and launching, and caused injury to the victim F in the course of assaulting the victim F. The Defendant damaged the air conditioners by cutting over the air conditioners owned by the victim D and destroying the air conditioners.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement;

1. Application of related Acts and subordinate statutes;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act (the occupation of inflicting bodily injury on carrying dangerous objects), and Article 366 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in two crimes);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., that the defendant repents and reflects his mistake, that the defendant agreed with the victims, and that the degree of injury suffered by the victim F is deemed not to be excessive);

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

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