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(영문) 광주지방법원 목포지원 2015.06.25 2015고단450
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 05:30 on March 22, 2015, the Defendant drunkd the victim E (the 26-year-old age), who was the spouse’s desire to take care of the victim E (the son, the 26-year-old age), the victim’s head was 1 time, the victim’s head, etc. was taken once due to drinking, the victim’s head, etc. was taken once by drinking, the victim’s head, etc. was cut, and the victim was sled by drinking, and the victim was sled with salted so that it was impossible to identify the number of days of treatment by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of statutes on photographs of damage;

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 on Probation;

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 the sentencing guidelines and the suspension of execution shall be determined by discretionary mitigation of the sentence against the accused within the scope of sentencing guidelines and on condition of probation, in consideration of the fact that the accused acknowledges and reflects his/her mistake, the injury suffered by the victim is minor, the accused has agreed with the victim, the accused has no history of criminal punishment exceeding the fine, the accused's age, character and conduct, etc.;

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