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(영문) 광주지방법원 목포지원 2014.07.17 2014고단733
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 01:00 on April 6, 2014, the Defendant, on the ground that the victim prevented another table customers from paying trial expenses, and caused the injury of the victim E (the age of 51) to be a beer disease, which is an article dangerous to the left-hand face of the victim E (the age of 51).

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and F;

1. Application of damaged photographs and on-site photographs statutes;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Grounds for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Determination of types of crimes: Type 1: Habitual injury, repeated injury, and special injury resulting from violent crimes;

2. Determination of the scope of sentence: Reduction area, one year and six months from June to two years. (Special mitigationist: Minor injury);

3. Determination of sentence and suspension of execution of sentence are recognized and against the defendant's mistake, the degree of injury suffered by the victim is minor, the defendant deposited one million won for the victim although it did not agree with the victim, the defendant has no previous conviction, the defendant's age, character and conduct, family relationship, etc., and the sentence against the defendant shall be mitigated within the scope of the sentencing guidelines, and the execution thereof shall be suspended.

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