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(영문) 전주지방법원 2014.09.25 2014고단566
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 22:00 on March 11, 2014, the Defendant, while under the influence of alcohol, had the ability to discern things or make decisions, left the victim’s left hand, was in a de facto marital relationship in the Jinanan-gun C’s located in Jinan-gun, Jinan-gun, Jinan-gun, as a monetary issue at the “E” restaurant in the operation of the victim D (the age of 69) and collected the finite, which is a dangerous thing, and collected the finite, which is a dangerous thing, and again, find the part of the victim’s back head, and find the victim’s left hand, which requires approximately 4 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A medical certificate;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, applicable to photographs taken in order to inflict an injury;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for the mitigation of mental illness and injury (a person with mental disability caused by drinking);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (a point agreed with the victim, etc.);

1. Although the nature of the crime of this case is not negligible in light of the risk, degree of damage, etc. of the method of the crime of this case, which caused the injury to the victim by prices the victim's head, loss, etc., as a minor disease, which is a dangerous object for sentencing (the favorable circumstances among the reasons for sentencing) under Article 62(1) of the Criminal Act, the crime of this case is committed by hearing the words that the victim living together with the victim under the state of mental and physical disability due to drinking did not receive money from the defendant's living together despite the defendant's repeated objection, and the crime of this case is committed by contingently. After the closing of argument of this case, the victim does not want the punishment of the defendant; the victim does not want the punishment; the defendant's mistake is divided later; and the defendant's age, character and behavior, environment, family relation, and all other circumstances constituting the conditions for sentencing.

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