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(영문) 전주지방법원 2015.11.25 2015고단1617
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 10, 2015, at around 20:30, the Defendant, on the front of the D cafeteria located in the G-gun of the former North Korean Office C on the ground that the victim E expressed a desire to the Defendant, the victim E is a dangerous part of the key of the vehicle, which is a dangerous object, for the reason that the victim E and the Si expenses were punished, and the face of the victim E is flicked, and the victim F was flicked with a dangerous object that the victim F was in possession of a fighting (total length: 21.5cm, 9.5cm in the blade length) at one time.

As a result, the defendant carried dangerous articles and inflicted injury on the victim E, such as an influence of an influence in the number of days of treatment, and an influence in the number of days of treatment to the victim F.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, E, and G;

1. Application of the Acts and subordinate statutes for investigation reporting;

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;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused in the following sentencing grounds):

4. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the defendant in favor of the reason for sentencing).

5. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to twenty-two years; and

2. Scope of recommended sentences according to the sentencing criteria;

(a) The elements to mitigate basic crimes and concurrent crimes (determination of types): Class I (Habitual Injury, Bodi Bodily Injury, Bodily Injury) (Special Bodily Injury): In cases of mitigation of punishment (including serious efforts to recover damage), or where considerable damage has been restored to the area of mitigation [decision of the recommended area] mitigated area (general person] mitigated area: In cases of serious reflect [decision of the recommended area] mitigated area: Imprisonment with labor for 1 year and 6 months to 2 years and 6 months;

(b)an advisory sentence revised according to the guidelines for handling multiple crimes;

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