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(영문) 광주지방법원 순천지원 2015.01.16 2014고단1873
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

At around 02:20 on September 5, 2014, the Defendant: (a) around 02:20, the E entertainment tavern 3 points in the YEAD, i.e., the victim F (n., 54 years of age) who is an employee, and the victim under drinking alcohol; (b) the victim’s answer that there is health certificate or health certificate; and (c) the victim’s answer that there is a health certificate, i.e., the victim ; and (d) the Mara who did not frithly read ma (“the victim who was under his/her care while taking care of her table while gathering the beer’s disease; and (d) the victim was frighted from G, which was dangerous for the victim to take care of the victim from his/her day-to day-day and her body.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and H;

1. Face photographs;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes for investigation reporting;

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 ( considered as favorable circumstances among the reasons for the punishment in prison);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the same conditions as the above);

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] : Type 1 (Habitual Injury, Bodily Injury, Bodily Injury and Special Injury) (1 year and six months to six months) (1 year and six months), suspension of execution 2 years, and 40 hours in attending the alcohol treatment course; and the accused has several criminal records of the same kind of violence.

However, it shall be decided as ordered in consideration of the fact that the defendant reflects the crime of this case, that the defendant agreed smoothly with the victim, and that the defendant committed the crime of this case by contingently.

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