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(영문) 전주지방법원 2015.01.29 2014고단1523
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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 03:20 on June 2, 2014, the Defendant: (a) under the influence of alcohol, had the ability to distinguish things or make decisions; (b) had the ability to distinguish things from others; (c) had the victim E (23 years of age) caused damage to the victim’s head on the part of his head whose head is not known for about four weeks, on the ground that the victim E (23 years of age) laid down spits in the toilet floor on the part of the Defendant in which spits the spit on the toilet bed; and (d) had the victim’s head on the part of the victim’s head on the part of the main whose head is unknown for about four weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Application of Acts and subordinate statutes of a medical 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. 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. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including cases where he/she repents his/her errors late and late);

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act is a major illness, which is a dangerous object, with the victim's head, and the victim's head is injured. Although the nature of the crime in this case is not easy in light of the circumstances of the crime in this case, the degree of damage and the risk of committing the crime, etc., other than the two juvenile protective disposition, the crime in this case leads to the crime in this case as a result of the minor end due to drinking, and the victim does not want the punishment of the defendant at the investigation stage; the victim does not want the punishment of the defendant; the defendant's age, character and behavior, environment, family relationship, etc. are divided by agreement with the victim at the investigation stage; and the defendant's age, personality and behavior, and all other circumstances that are conditions for sentencing, such as family relationship, are considered.

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