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(영문) 전주지방법원 남원지원 2015.06.16 2015고단53
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

On January 11, 2015, around 03:30 on January 11, 2015, the Defendant is punished for trial expenses due to the payment of the victim E (30 years of age) and the drinking value, within D 5 rooms in South Won-si, Seoul.

After the victim fully pays the drinking value, the victim said that “I will calculate the price of the son at once, I would not speak as follows. I would like to say, I would like to say that I would not speak. I would like to say that I would like to say that I would like to say that I would like to say that I would like to say, I would like to say that I would like to say that I would like to say I would like to see the head of the victim three times, and that I would like to say

As a result, the defendant carried dangerous things with the victim and inflicted injury on the victim, such as an unidentified cerebral le, two or more open situations requiring treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes of a 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 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following factors are repeatedly taken into account for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act, and Article 59 of the Act on Probation, etc.;

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

2. Application of the sentencing guidelines [Determination of types] : Violence crimes, habitual injury, repeated injury, special injury, and Type 1 (Habitual Injury, Bodily Injury and Special Injury) (Special Bodily Injury): Reduction elements of punishment: In the area of reduction [the general person] of reduction factors of punishment: serious reflect [the recommended field and the recommended sentence], reduction area of punishment, one year and six months from June to June;

3. The crime of this case, which was determined by the sentence, is a beer and beer who is a dangerous thing for the defendant, and the crime is not good for the victim to be committed by committing the crime of this case, and the degree of injury suffered by the victim is minor.

However, the defendant committed the crime of this case.

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