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(영문) 광주지방법원 장흥지원 2015.01.29 2014고단207
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On August 23, 2014, the Defendant violated the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.) at around 00:0, the Defendant collected the victim from the celbur 205 room located in the Southern-gun, Seoul-gun, Seoul-gun, about 00 on August 23, 201, the victim E (the age of 57) who was in dispute with D, wage, and work together with his/her usual meeting, was at the same time at the victim's cel 205 room, and the victim E (the age of 57) was in dispute with him/her on the ground that he/she saids, he/she was at the same time at a dangerous point of view ( approximately 15 cm in his/her name) with his/her own material, which is a dangerous object that he/she was faced with.

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. At around 07:30 on the same day, the injured Defendant did not work for the above victim E (the age of 57) and ordered the said victim to go at the accommodation, but on the ground that the victim was her head and scamed with the wall by her hand on the ground that the victim’s head was neglected and was left in the room, and her head was scamed, and scamed on the wall by her hand, and caused the victim to damage and scambling two weeks in need of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including the E substitute part);

1. Statement of the police statement of E;

1. Emergency medical records and medical certificates;

1. Application of the photographic Acts and subordinate statutes;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 260 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime (the point of injury, the selection of imprisonment with labor);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for not less than six months from June to June 18 (limited to discretionary mitigation);

2. Application of the sentencing criteria;

(a)basic crimes:

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