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(영문) 광주지방법원 순천지원 2015.03.06 2014고단2190
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 became final and conclusive.

Reasons

Punishment of the crime

On November 22, 2014, at around 23:10, the Defendant, at the “D” restaurant located in Macheon-si C, sought advice as to whether he/she had glutinous rice rice with the victim E (age 34) while drinking alcohol with the victim E (age 34). On November 22, 2014, the Defendant provided a dispute as to whether he/she had glutinous rice rice with a restaurant, and then, he/she saw the victim’s head as an empty beer, which is a dangerous object in which he/she was placed in the customer, and caused the victim’s injury, such as cerebrum,

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. On-site photographs;

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 ( considered as favorable circumstances among the reasons for the punishment in prison);

1. The reason for the sentencing of Article 62(1) of the Criminal Act (refluence of the same circumstances as the above) of the suspended sentence is [Scope of the recommended sentence] The mitigated area (i.e., habitual injury, repeated crime, injury, special injury) (i.e., one year and six months to six months) of habitual injury, repeated offense injury, and special injury] [including efforts taken by a special mitigation] and non-criminal (including a serious effort to recover from damage] [decision of sentence] one year and six months of imprisonment, and two years of suspended sentence, and the crime committed by the defendant in the same year of suspended sentence, but it is not easy that the crime is committed in light of the fact that the defendant is against the crime of this case, the fact that the defendant has no criminal records of the same kind of violence, the fact that the defendant has agreed with the victim only smoothly, and

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