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(영문) 전주지방법원 남원지원 2015.10.13 2015고단193
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, 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 00:15 on May 16, 2015, the Defendant has a dispute about the head of the victim D(32 years of age) and the victim's private ties at the main point located in the Namwon-si, Namwon-si.

With the floor of hand, the victim's face was 1 time, and the empty beer's disease, which is a dangerous object on the table, was her hand, and the victim's head was flicked once every time, and the victim was injured by an open blick, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to report internal investigation (attached photographs) and investigation report (attached medical certificates);

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 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following factors are repeatedly taken into account for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. Application of the sentencing guidelines (decision of types) (decision of types), violent crimes, habitual injury, repeated injury, special injury, and Type 1 (Habitual Injury, Bodily Injury and Special Injury) (Special Bodily Injury): Reduction elements of punishment: In the area of reduction of punishment [a recommended area and a sentence of recommendation], imprisonment with prison labor for a year and six months from June to June;

3. The fact that the Defendant had already been punished for the same kind of violent crime, and the crime of this case is highly dangerous that the Defendant’s head was inflicted by beer disease, and that the degree of injury suffered by the victim is not somewhat weak.

However, the fact that the defendant is against the defendant, and the defendant does not want the punishment of the defendant by mutual consent with the victim.

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