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(영문) 전주지방법원 남원지원 2014.09.23 2014고단156
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

At around 11:00 on July 2, 2014, the Defendant: (a) was a Chinese national foreigner, and around 11:00 on July 2, 2014, the victim D (n, 62 years of age) was in the E resting area operated to drink with the victim; (b) went out of the victim by suffering the victim from the defect; and (c) again discovered the victim with the above resting area at around 13:30 on the same day; (d) discovered the victim at the said resting area; and (e) called “brud sicker,” she saw the victim’s head as his hand; and (e) caused the victim’s injury, such as cerebrum, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. On-site and photographs of damaged parts;

1. The application of Acts and subordinate statutes to the President of the F Hospital;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The range of recommended sentences according to the sentencing guidelines (decision of types of punishment), violent crimes, repeated injury, special injury by repeated criminals, and reduction factors of types 1 (specially punished persons): Insignificant injury and non-reduction of punishment (the scope of recommending punishment): Imprisonment with prison labor for up to September 2 and six months;

2. The punishment of this case by sentence is not clear that the defendant inflicts bodily injury on the victim due to beer's disease, but it is against the defendant, the injury suffered by the victim is minor, the victim does not want the punishment of the defendant, and the defendant has no record of criminal punishment, etc. shall be determined as set forth in the order.

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