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(영문) 광주지방법원 순천지원 2013.07.12 2013고단921
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

The defendant is operating the PC by leasing a building owned by the victim C (28 years of age).

On May 7, 2013, around 21:30, the Defendant: (a) performed drinking with the victim on May 7, 2013; (b) demanded the payment of deposit without giving the said PC because the victim’s life is difficult; (c) the victim refused to pay the deposit; (d) the victim’s head of the beer, which is a dangerous object at the scene, went off one time with the victim’s back to the beer; and (e) continued to go back to the back to the beer’s back to the beer’s disease.

As a result, the Defendant carried with beer, which is a dangerous thing, brought about a cerebral sye that requires treatment for the victim for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., that the defendant is against his/her will and that the victim does not want the punishment of the defendant without being much serious damage);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

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