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(영문) 광주지방법원 순천지원 2015.05.06 2014고단2064
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

At around 02:00 on August 29, 2014, the Defendant: (a) reported the victim E (55 years of age) like D through a ward glass, and collected the excessive amount of dangerous articles that were located in the main room; (b) on the rooftop, the Defendant saw the victim as a driver of the victim who driven away from the rooftop, and caused the victim to die in the above excessive manner; (c) saw the victim’s chest and the head part of the victim’s breast and head part one time in drinking; and (d) 5 times times times the part of the victim’s chest was injured by the victim, which requires approximately 2 weeks medical treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to victim E-victim photographs and diagnosis reports;

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. Reduction elements of types 1 (Habitual Injury, Bodi Bodi Bodily Injury), (Special Bodily Injury): In cases of minor injury, violation of punishment (including serious effort to recover damage), or recovery from considerable damage (general person who is a person who has a penalty): Reduction elements of mitigation elements of mitigation elements: No power (determination of the recommended area and the scope of recommendation) shall be subject to special mitigation, September-2 and June;

2. Whether the suspension of execution is suspended (major reasons for the suspension of execution: positive reasons for the suspension of execution), there is no history of criminal punishment, and the exemption from punishment (including serious efforts to recover from damage);

3. The fact that the degree of injury to a normal victim is not much serious than that of the most dangerous way to commit the crime that is disadvantageous to the decision of sentencing, and that the victim does not have any previous conviction, and other circumstances are normal.

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