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(영문) 전주지방법원 남원지원 2014.11.18 2014고단240
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than 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

On September 14, 2014, the Defendant received and disputed mobile phone text messages with the victim C (the age of 47) related persons, and sought the victim from "E" located in D in Namwon-si, Namwon-si on the same day. On September 14, 2014, the Defendant found the victim from "E", and took one time the victim's math part of this part, which is a dangerous object that was prepared and held in advance after finding the victim, and took several times on the left side, followed the victim's math of the treatment days, and put the math of the math of the treatment days to the victim who was at a dangerous object located in the table.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. On-site photographs;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended sentence according to the sentencing guidelines (a decision of types), violent crimes, repeated injury, special injury (a person specially punished) and mitigated factors: Imprisonment with prison labor for a year and six months through six months;

2. The sentence shall be determined as ordered in consideration of the fact that the defendant's decision of sentencing recognizes and reflects his/her mistake, the fact that there is no history of criminal punishment, the fact that the defendant agreed with the victim, the age, character and conduct of the defendant and the circumstances of various sentencing specified in the proceedings of the present case.

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