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(영문) 광주지방법원 목포지원 2014.09.16 2014고단1094
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

At around 14:00 on December 20, 2013, the Defendant, at C seafarers' bedrooms room in the Yanannam-gun, Yannam-gun, Yannam-gun, where he was at anchor, and was at the time with the victim D (D, 36 years of age, China) who is a crew member of the same household, and faced with assault by drinking the face of the victim, etc., the Defendant put the victim’s left side side part of the victim on one occasion, which is a dangerous object on the part of the bed room, and had approximately two weeks of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. First police suspect interrogation protocol regarding D;

1. E statements;

1. Application of the Acts and subordinate statutes related to drillings and documentary evidence photographs;

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

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (Article 55(1)3 of the Criminal Act (Article 53 and Article 55(1)3 of the same Act, including cases where the method of crime is dangerous, but it is recognized as a crime and reflects the fact that the victim does not want the punishment against the defendant, there are circumstances that may be considered in the course of the crime, and there are no history of criminal punishment after 1988);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

1. Social service order under Article 62-2 of the Criminal Act;

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