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(영문) 광주지방법원 2014.01.16 2013고단4797
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

At around 19:00 on June 24, 2013, the Defendant received rice from the victim at the home of the victim D (55 years of age) located in Gwangju-gu, Gwangju-gu. On the ground that the Defendant saw that she was drinking rice, the Defendant returned it to the victim on the ground that she was able to drink, and the victim was able to receive it, and her desire was able to do so. On the other hand, the Defendant collected plastic ice storage box (26cm in length, 10cm in height, 15cm in width, 15cm in width), which is a dangerous thing located therein, and added the victim to “a open room in the part of this horse” for approximately two weeks medical treatment.

Summary of Evidence

1. Statement of D;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to photographs (eight pages of investigation records);

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. The reason for sentencing under Article 62-2 of the Criminal Act on Probation (decision of Punishment) is for habitual injury, repeated injury, and special injury (special person subject to sentencing), habitually injury, repeated offense injury, and special injury (including special person subject to sentencing) - mitigated elements of punishment (including serious efforts to recover damage), or considerable partial damage (decision of the recommended area) [the scope of punishment] one year, six months and six months [decision of the recommended area] one year, two years and six months [decision of the recommended area] Defendant’s motive, method, etc. of the crime in this case, it cannot be deemed that the nature and circumstances of the crime in this case cannot be somewhat weak and that the Defendant has been punished as a multiple acts of violence. Thus, there is a need for a strict punishment against the Defendant, but the degree of the injury suffered by the victim is relatively weak, and the victim is not subject to the punishment against the Defendant, and there is no criminal power beyond the suspension of execution. In full view of the circumstances, the sentence shall be determined as per the order.

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