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(영문) 광주지방법원 2015.08.21 2015고단1048
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around January 5, 2015, the Defendant violated the Punishment of Violences, etc. Act (Assaults, such as group, deadly weapons, etc.) 08:30 on the alleyway adjacent to the D cafeteria in Gwangju Dong-gu, about January 5, 2015, the Defendant broken away a fluor’s disease from an empty fluor, fluoring a fluor’s body, fluoring a fluor’s disease in an empty fluor in an empty fluoring dispute, fluoring the victim’s E (Nam, South and 19 years of age).

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. The Defendant, in violation of the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.) committed a string of a shoulderer’s disease, which is a dangerous object, to the victim F (ma, 21 years of age), at the time and place specified in paragraph (1), and on the same ground, committed a heat in the part where the number of days of treatment cannot be determined.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement to F and E;

1. A report on the occurrence of an injury and an investigation report;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Article 3 (1), Article 2 (1) 1, and 3 of the Punishment of Violences, etc. Act concerning the crime, Articles 2 (1) and 257 (1) and 260 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., that the victims have not been punished by the victims, that violence and bodily injury are minor, and that the defendants have divided their errors);

1. Article 62 (1) of the Criminal Act on the suspended execution (Reasons for discretionary mitigation);

1. It is within the scope of 9 months to 1 month from 3 years (the application of multiple crime processing standards by applying the special mitigation range of category 1 as a basic crime among violence crimes) by imprisonment with prison labor, which is recommended and sentenced for more than the reasons under Article 62-2 of the Social Service Order Criminal Act.

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