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(영문) 광주지방법원 장흥지원 2015.12.03 2015고단177
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 September 30, 2015, at around 07:35, the Defendant: “Around September 30, 2015, at the front of the victim D(40 years of age) located in Heungnam-gun, the Defendant followed a horse to the effect that she she she she she she takes a dangerous object that she has kept in the Defendant’s house warehouse and she she she she she she she she she she she she takes a dangerous object that she she has kept in the Defendant’s house warehouse (the length is 110cm, the diameter is 4cm above 110cm) and she she she she she shes the victim’s left part of the blue part with the detailed indication.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written statements of D;

1. An investigation report (Attachment of a medical certificate for injury);

1. Application of Acts and subordinate statutes to field photographs, such as field photographs;

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 (The following extenuating circumstances among the reasons for sentencing):

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation [Scope of Recommendation] Habitual Injury, Bodi Bodi Bodi Bodi Bodily Injury, and Special Injury (Habitual Injury, Bodi Bodi Bodily Injury) (one year and six months to two months) mitigated area (a year and six months), minor injury [a decision of sentence] disadvantageous to the victim: Reasons favorable to the point that the degree of injury suffered by the victim does not reach an agreement with the victim: The degree of injury is not much severe: The defendant's age, character and behavior, environment, health conditions, motive and result of the crime, circumstances after the crime, etc. shall be determined as ordered by the order, taking into account the various sentencing conditions shown in the arguments

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