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(영문) 전주지방법원 남원지원 2015.05.19 2015고단42
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 1, 2015, at around 00:40, the Defendant, while drinking alcohol in 'D Party C', 'D Party C', said 'D Party C', the Defendant, her her being her drinking, said her drinking, and said her her drinking, her her her she would be her back, and her her she would be her drinking. However, the Defendant rejected the victim's her drinking, her her face was 2 times at the hand, and her her face was her shed up three times by gathering the main disease, which is a dangerous object on the table of the table.

As a result, the defendant carried dangerous objects and carried them about two weeks to give medical treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A medical certificate;

1. Application of Acts and subordinate statutes to report internal investigation (field conditions, etc.);

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 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following factors are repeatedly taken into account for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act, and Article 59 of the Act on Probation, etc.;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Application of the sentencing guidelines (type of crime), violent crimes, habitual injury, repeated injury, special injury, and Type 1 (Special Injury by Habitual Bodily Injury): Reduction factors: Reduction factors of punishment (general person): Reduction factors of punishment (general person): serious half (Recommendation and Recommendation Sentence), reduction areas of punishment, imprisonment with prison labor for a year and six months from June to June.

3. The defendant who has been sentenced to criminal punishment has already been of the same kind; and

The crime of this case is very poor because the defendant, under the influence of alcohol, is a small-scale disease that is a dangerous object, and the head of the victim is taken.

However, the defendant recognizes all of the crimes of this case and reflects them.

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