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(영문) 광주지방법원 해남지원 2016.02.18 2015고단545
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant is the owner of C, which is a fireworks fishing vessel, and the victim D (38 tax) was a seafarer from C to C.

On December 4, 2014, the Defendant: (a) around 15:03, the Defendant: (b) laid down the container room located in Jindo-gun E, Jindo-gun; and (c) laid down the victim’s body with the victim who was frighted with the body of the victim and the victim who was frighted with the body of the victim, which is a dangerous object (a 37cm volume); and (d) took three times the part of the victim’s left left buckbuckbucks; and (e) took part in the victim’s face on drinking, the Defendant took part of the victim’s buckbucks that require approximately two weeks of treatment.

Accordingly, the Defendant, while carrying dangerous objects as above, inflicted injury on the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made concerning D in the suspect examination protocol of the prosecution;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes of the medical certificate of injury to a victim;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62(1) of the Act on the Suspension of Execution (The following conditions of sentencing) (see, e.g., the defendant and his defense counsel) of the Criminal Act (see, e.g., Supreme Court Decision 2006Do148, Apr. 1, 2006).

However, in light of the background and process of fighting between the defendant and the victim recognized by each evidence in the judgment, the method of exercising the accused's tangible power, and the degree of injury to the victim, it is reasonable to view that the defendant's act in the judgment is not merely a passive defense against the victim's unfair attack, but also has the nature of the act of attack against the victim.

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