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(영문) 광주지방법원 2015.10.14 2015고단3517
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 16:30 on July 26, 2015, the Defendant: (a) took a dispute with the victim C (the age of 44) in the valley, which was located in 1127-5, with the wall, to smoked; and (b) took a dangerous thing at the wall, the Defendant left one time to the victim’s face; and (c) took the part under the left part of the victim’s face, which defends the victim’s face; and (d) put the victim into the part under the left part, which requires approximately two weeks of medical treatment; and (e) put the victim into an open top part of the part under the left part which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Application of Acts and subordinate statutes of the Medical Certificate (C);

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of recommendations for the sentencing guidelines: The mitigated area of subparagraph 1 (Habitual Injury, Bodily Injury, Bodily Injury, and Special Injury) of each year and six months through June of each year and two years;

2. Specific reasons for sentencing - Circumstances: The defendant reflects the crime of this case; the injury suffered by the victim in this case does not focus on the need for two weeks’ medical treatment; the victim does not want the punishment of the defendant; there are circumstances that may be taken into account in the course of the crime of this case; due to this case, the defendant also suffers from injury, such as a non-furnal, in need of three weeks’ medical treatment from the victim; - the crime of this case is used for the crime of fluoral disease, which is a dangerous object, and the risk of the crime itself is very high, and thus, the defendant has been punished three times’s violent crimes.

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