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(영문) 광주지방법원 목포지원 2013.12.20 2013고단1669
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

Reasons

Punishment of the crime

Around 07:25 on September 14, 2013, the Defendant: (a) while she was in a dispute with the victim E (37 years of age) in a brupted 207, the Defendant: (b) sealed the victim’s math on one time with a glass residues (7.5cm, approximately 8cm in height, about 7.5cm in length) that was placed on the table of the victim; (c) sealed the victim’s math on three occasions; and (d) caused the victim’s injury, such as flads, in which the victim needs to be treated for about four weeks.

Summary of Evidence

1. Defendant's legal statement;

1. E statement among the police interrogation protocol of the accused;

1. Statement to E by the police;

1. A written diagnosis of injury;

1. A report on internal investigation (related to the on-site verification), report on internal investigation (referring to the F counterpart of a witness), report on internal investigation (referring to the G counterpart of a witness G), report on internal investigation (related to the photographs damaged by a victim), and report on investigation (verification of criminal implements);

1. Application of statutes on site and victim photographs;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant: (a) reported that the Defendant shouldered the beer’s disease; and (b) carried the victim’s right horse by using a corridor with the victim’s corridor; (c) led the victim to tearing the victim’s right horse; and (d) caused the victim’s escape to the left part; and (c) caused the victim’s bones to be cut off when the victim’s face face by drinking, and the method of committing the crime is very dangerous.

In addition, the defendant has been sentenced to six times of a fine due to the crime related to violence, and the victim is wanting to punish the defendant significantly.

Considering the above points, the sentence of the defendant shall be imposed on the defendant, and considering the fact that the defendant is against the defendant and deposited the amount of three million won for the victim, he/she shall be sentenced to imprisonment within the scope of the recommended sentence according to the sentencing guidelines for the crime of this case

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