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(영문) 광주지방법원 2014.08.19 2014고단1799
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 of the final judgment.

Reasons

Punishment of the crime

On March 18, 2014, at around 12:30, the Defendant drinking alcohol with the victim C(63 years of age) in the “Jagro gye rice rice gye,” which was located in Gwangju mine, and 19-25, brought about the victim’s face 2-3 times by drinking the victim’s face, and 2-3 times by drinking the victim’s side gyebro wale wale wale wale wale wale wale wale wale wale wale wale wale wale wale.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made to C by the police statement;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 crime of this case committed by the defendant for the reason of sentencing under Article 62-2(1) of the Probation Criminal Act is deemed to have been committed within the scope of one year and two years and six months (one year and six months (the area of mitigation of one type among habitual injury, repeated injury, and special injury resulting from repeated injury) according to sentencing guidelines) of the defendant, considering the following: (a) the victim's injury cannot be deemed to have been severe; (b) the defendant expressed that the victim does not have to be subject to punishment by mutual consent with the victim; (c) the defendant has no record of crime exceeding the fine; and (d) the defendant's age, character, conduct, environment, etc., the defendant's punishment shall be determined within the scope of the order as stated in the sentence; and (d) the execution of the above sentence shall be suspended only once.

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