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(영문) 광주지방법원 목포지원 2015.11.30 2015고단1021
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The defendant is the former president of C, and the victim D(54) is the auditor of E that is merged with C.

On June 23, 2015, the Defendant: (a) around 05:30 on June 23, 2015, at the Defendant’s house located in Pyeongtaek-gun F, the Defendant, on the ground that the victim opposed to the Defendant’s fraudulent sale of the land owned by the agricultural cooperative at the meeting of executives E, thereby damaging the victim’s face at Paris, 4:5 times, and 4-5 times, as the Paris bond takes the victim’s face and part of the course with the Defendant’s left hand, and damaged the victim’s face and part of the course at 4-5 times; and (b) as the victim would drive away from the victim’s back to the victim’s back, which is a dangerous object of the ma, (a) the victim’s back head at the meeting of executives, 15cm, and damaged two weeks of the victim’s face and part necessary for medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. A criminal investigation report (six pages of evidence records);

1. Application of Acts and subordinate statutes of a medical 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. Grounds for sentencing (hereinafter the following grounds for sentencing) under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation;

1. Determination of types of crimes: Type 1: Habitual injury, repeated injury, and special injury:

2. Determination of the scope of sentence: Basic area, two to four years (two weeks for treatment of the injury suffered by the victim who has no special person: Provided, That since the treatment period for the injury is two weeks or more, and the part of the injury suffered by the victim may be at risk, it shall not be determined as "minor injury" by a person who is a special mitigation act;

3. The fact that the part of the injury suffered by the victim who was sentenced to the sentence may be dangerous; the fact that the victim was threatened with a shoulder brick, which is a dangerous object, even after the victim was faced with the shoulder brick, and that the victim did not receive a letter from the victim until now.

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