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(영문) 전주지방법원 2015.09.25 2015고단849
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

At around 13:55 on May 28, 2015, the Defendant, at the office of “E” operated by the Defendant, the victim FF (the age of 49) of the “E”, stated the victim’s complaint as to the result of the distribution of the construction cost, and stated the victim’s right head part outside the office (the length of 95cm) and caused the victim’s injury, such as the right completion part, the right completion part, and the right completion part, which requires approximately 4 weeks’ medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A criminal investigation report (related to the submission of a medical certificate);

1. Application of the Acts and subordinate statutes to photographs, such as photographs and criminal tools;

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;

2. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the reasons for sentencing):

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

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

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

2. Reduction elements of types 1 (Habitual Injury, Bodi Bodily Injury and Special Injury): Reduction elements of punishment (including serious efforts to recover damage), or where considerable damage has been recovered (decision on the area of recommendation), reduction elements of mitigation area [decision on the area of recommendation] mitigation (decision on the area of recommendation] mitigated area: In serious reflective (decision on the scope of recommendation] imprisonment with labor for 1 year and 6 months to 2 years and 6 months.

3. Determination of sentence: Imprisonment with prison labor for a period of three years suspended, and community service crimes of this case for 160 hours, shall be the method, mode, and consequence of the crime committed by the defendant as a result of inserting the head of the victim by inserting the body, which is a dangerous article, and thereby causing a bodily injury to the victim defending against his arms.

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