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(영문) 광주지방법원 해남지원 2015.09.10 2015고단304
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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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 became final and conclusive.

Reasons

Punishment of the crime

On February 26, 2015, the Defendant: (a) around 01:00, around 01:0, at the “Dju” store located in the Southernnam-gun C, the Defendant was a beer’s disease, which is a dangerous object on the part of the victim for the reason that the victim would slickly kid; and (b) took care of the victim’s head once, and (c) took care of approximately two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A detailed statement on processing reported cases and a written entrustment statement;

1. Application of Acts and subordinate statutes on site photographs

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act (the point of inflicting an injury on a dangerous object);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Type 1 (Special Mitigation Measures) (Habitual Injury, Bodi Bodily Injury, Bodily Injury), and Special Injury (Special Mitigation Measures) (Special Mitigation Measures) (Determination of the area of recommendation), mitigation area (one year and six months from June to June) of the sentencing guidelines;

2. The crime of this case, which was determined to be sentenced, shall be sentenced as ordered in consideration of the following factors: although the nature of the crime is not good for the defendant to take the head of the victim by beer disease, the defendant reflects the defendant; the victim does not want the punishment against the defendant; the defendant does not have any sentence imposed due to violent crimes; the defendant does not have any sentence imposed due to violent crimes; the defendant's age, character and conduct and environment; the motive, means and consequence of the crime; and the conditions of sentencing specified in the arguments of this case, including the circumstances after the crime

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