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(영문) 전주지방법원 군산지원 2015.06.05 2015고단146
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

On January 7, 2015, the Defendant: (a) around 22:50, the Defendant placed two-hours open to the victim, including the victim E (the age of 60) and the fire extinguisher and beer who are dangerous goods and the head of the victim one time due to beer and beer's disease, while engaging in a dispute with each other on the victim E (the age of 60) and the region of origin, age, etc.

Summary of Evidence

1. Defendant's legal statement;

1. First-time protocol concerning suspect interrogation of E;

1. Statements of the E or F in the second police interrogation protocol regarding E;

1. Protocol of each police statement concerning G;

1. A written diagnosis of injury;

1. Application of statutes on site 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The sentence shall be determined as shown in the order, taking into consideration the following: (a) the mitigated area (one year and six months to two months) of habitual injury, repeated injury, and special injury; (b) the mitigated area (one year and six months to six months); (c) the punishment is not imposed (including efforts to recover damage); (d) the defendant is recognized as committing an offense and is divided; (e) the degree of injury is not severe; (e) the defendant does not have any same criminal history; and (e) the defendant does not have any criminal history and has no criminal history that exceeds the past fines; and (e) the defendant has no criminal history.

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