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(영문) 광주지방법원 목포지원 2015.09.14 2015고단718
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

At around 00:20 on May 10, 2015, the Defendant, at the main point of “D” located in Sinpo City C, brought a dispute with the victim E (the age of 32) and brought the victim’s head two times with beer disease, which is a dangerous and dangerous object, and had the victim’s head two times, and had the victim undergo approximately 14 days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written diagnosis of injury;

1. Application of statutes, such as photographs of victims;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Grounds for sentencing under Article 62(1) of the Criminal Act (including the following grounds for sentencing)

1. Determination of types of crimes: Type 1: Habitual injury, repeated injury, and special injury:

2. Determination of the scope of sentence: The lower limit of the scope of sentence is not modified according to the lower limit of the applicable sentencing range, even though there exist at least two persons who are subject to special mitigation in one year and June.

2. Two years and six months (a person who is subject to special mitigation: Minor injury or person who is subject to special mitigation: A person not subject to punishment)

3. Determination of sentence and suspension of execution shall be determined by reducing the punishment of the accused within the scope of the sentencing criteria in consideration of the fact that the accused acknowledges and reflects his mistake, the injury suffered by the victim is minor, the fact that the victim has agreed with the victim, the fact that the defendant appears to have been punished by violence, the fact that the defendant has no record of punishment by violence, the age and character, etc. of the defendant, and the execution thereof shall be suspended;

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