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(영문) 광주지방법원 2015.11.13 2015고단3438
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

except that 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 18:30 on July 29, 2015, the Defendant, while drunkly talking with the victim E (the age of 40) at “Dju” located in Seo-gu, Seo-gu, Gwangju on July 29, 2015, “I would like to face an accident. I would like to do so. I would like to do so. I would like to go back. I would like to do so. I would like to do so. I would like to go back. I would like to go back. I would like to go back, which is a dangerous object on the table. I tried to go back one time.”

As a result, the Defendant inflicted bodily injury on the victim, such as the impairment of bodily integrity, which requires two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. It is so decided as per Disposition within the scope of nine months to two years (the area of special mitigation of Type 1 of habitual injury, repeated injury, special injury) under the sentencing guidelines on the grounds of Article 62(1) of the Criminal Act (i.e., the confession of the crime by the defendant, the mistake is divided, the injury is not serious, the victim and the victim have been smoothly agreed, and no previous conviction has been made since 199) or more.

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