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(영문) 광주지방법원 2014.03.28 2013고단5442
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The punishment of the accused shall be determined by one year and six months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

At around 05:10 on August 10, 2013, the Defendant talked with F, a business owner in the location of the “Dju” in Gwangju Northern-gu, while drinking alcohol. While the victim G (the age of 42) was under the influence of alcohol, the victim respondeded that “the inside of this house,” “the inside of this house,” “the head of the victim’s head was fluor,” and “the victim was fluord with the victim’s head at one time, and was fluord with the victim’s head, who was at a dangerous object on the customer.”

Summary of Evidence

1. Statement of the police statement concerning G; and

1. Application of video-related Acts and subordinate statutes to images of each accident site (investigative records No. 7-9);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Considerations, etc. agreed with the victim);

1. The defendant's assertion of Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 62 (1) of the Suspension of Execution Act) and the judgment on this issue on the part of the defendant, asserted that the defendant's assertion that the victim's wife suffered from an empty beer disease, and the head did not tear, and the above wife was restored without any specific treatment. The above wife asserted that it can be naturally cured and cannot be viewed as an injury under Article 257 (1) of the Criminal Act.

According to the image of each accident site photograph (in 7~9 of investigation records), it can be recognized that the victim's head was teared from the defendant, which is appropriate for the victim's disease, and the tear was flowed from the tear, and in order for the victim to see the degree of the body seen from each of the above pictures, the above body must undergo appropriate treatment. Thus, it is reasonable to view the above body as an injury as stipulated in Article 257 (1) of the Criminal Act.

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