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(영문) 광주지방법원 해남지원 2016.03.31 2013고단27
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 7, 2012, the Defendant: (a) around 14:30 on December 7, 2012, the Defendant: (b) went to the steering house of the said C; and (c) during the dispute between E and the victim F (45 years of age) who is the crew of the said E and Dong fee, the Defendant: (a) went to the steering house of the said C; (b) brought the victim to the end, and (c) brought the victim at the end of the deck, which is a dangerous object from the deck to the deck; (d) cut down the victim’s face at one time before the victim’s face; and (e) cut back the victim’s right eye, and caused the victim’s injury to the victim (e.g., 0. 0cm x 00cm x 5m m).

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Evidentiary photographs;

1. Application of the Acts and subordinate statutes to arrest and report cases

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and the protection observation is that this case is serious enough to protect the victim as a dangerous object in the process of trial with the victim, and its nature is not good.

In this context, considering the fact that the defendant's criminal act could cause more severe damage, the fact that the defendant did not receive any tolerance from the injured party, and the fact that the defendant has escaped for a long time, it is necessary to strictly punish the defendant.

However, in determining the specific sentence, all the factors of sentencing revealed in the trial process of this case, such as the defendant's reflection, age, environment, record of crime, specific result of the crime of this case, circumstance after the crime, etc. shall be considered.

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