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(영문) 광주지방법원 목포지원 2015.02.26 2014고단2051
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 becomes final and conclusive.

Reasons

Punishment of the crime

At around 00:01 on September 2, 201, the Defendant tried to consult with the victim E (the 43 years of age) on the 4th studio in Mapopopo-si on the same day as that of the victim E (the 43 years of age), but again, he/she had a dispute with the victim, and he/she got off the rout for the free cup which was placed on the table table, and then caused one time the left part of the victim's back to the rupture of the dangerous object, and the victim sustained the victim's losses to defend the victim's losses, such as about 5 weeks of the victim's losses, two depths of the right side balance, and complete duping of the balance.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on investigation (Attachment of a medical certificate);

1. - Application of Acts and subordinate statutes to the scene of the case and photographs of damaged parts.

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. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Grounds for sentencing under Article 62-2 of the Criminal Act of the community service order;

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

2. Determination of the scope of sentence: Basic area, two years to four years (a person who is an act of special aggravation shall be assessed equally with the person who is an act of special mitigation and who is an act of special mitigation and who is an act of special mitigation and who is not subject to punishment; hereinafter

3. Determination of sentence and suspended execution shall be determined as per the order by deviating from the sentencing guidelines and its execution shall be suspended, taking into account the following: (a) the defendant's error is recognized and reflected in the decision of sentence and suspended execution; (b) the agreement is reached with the victim; (c) the victim appears to be an contingent crime; (d) some circumstances may be taken into account in the circumstances where the victim suffered bodily injury; and (e) the defendant'

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