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(영문) 광주지방법원 순천지원 2014.07.11 2014고단769
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

피고인은 2014. 4. 24. 23:10경 순천시 C에 있는 D예식장 옆 건물 2층에서 지인들과 윷놀이를 하던 중 피해자 E(61세)이 피고인의 편을 들지 않는다는 이유로 화가 나서 탁자 위에 놓여있던 위험한 물건인 주방용 가위로 피해자의 얼굴과 오른손바닥을 1회 그었다.

Accordingly, the defendant carried dangerous articles and carried them about two weeks to give medical treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A E-document;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 257 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Reasons for the sentencing of Article 62(1) of the Criminal Act [the scope of recommendation] of the suspended sentence under Article 62(1) of the Criminal Act / [the scope of punishment] the mitigation area (one year and six months to two years and six months) of habitual injury, repeated crime injury, and special injury (a habitual injury, repeated crime injury, and special injury) (a special mitigation) (a decision of sentence] is not subject to punishment (a decision of sentence]. In light of the contents of the crimes committed by the defendant for one year and six months of imprisonment, and two years of suspended sentence

However, it is decided as per the Disposition in consideration of the following: the defendant reflects the crime of this case, there is no same kind of crime, and there is no original agreement with the victim.

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