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(영문) 광주지방법원 순천지원 2015.07.21 2014고단2207
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for two years.

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

1. Around October 20, 2014, the Defendant, who violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.), listened to the victim E (the age of 43) who was under the influence of drinking and drinking at the “Dju store” located in Macheon-si, 16:25 on October 20, 201, saying that the Defendant shall not pay the credit value of 80,000 won in advance, on the ground that he/she demanded that he/she pay the credit value at a large place.

The Defendant saw an empty beer disease, which is a dangerous thing that he had been on his ir face, and inflicted an injury on the victim, such as a sudden closion that requires medical treatment for about two weeks, by getting the victim's face up to the face part.

Accordingly, the defendant used dangerous objects to inflict the above injury on the victim.

2. On October 20, 2014, the Defendant, at around 16:45, driven a self-employed car without a driver’s license in a section of about 700 meters from the G public parking lot located in the net city F in the vicinity of the packing end of the foregoing 1.1. to the Iropian City H’s parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Medical certificate, victim E ear ear photographs, beer’s disease photograph;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article of the Criminal Act, Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and the choice of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 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. Grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. [the scope of recommendations] habitual injury, repeated injury, special injury.

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