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(영문) 광주지방법원 장흥지원 2013.08.22 2013고단127
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 19:50 on April 11, 2013, the Defendant, at a D cafeteria located in Heungungnam-gun, Jeonnam-gun, and around 50, the Defendant, while drinking alcohol with the victim E (50 years of age), filed a dispute with respect to membership fees, and the Defendant, on the part of the Defendant, caused the victim to inflict an injury on the victim, by gathering the fluor’s head on the Defendant’s face, by gathering the fluor’s disease, which is a dangerous object on the Blab, and by gathering the fluor’s head on the part of the victim, by gathering the fluor’s head on the part of the Defendant, and by gathering another fluor’s head on the part of another fluor, which is a dangerous object. The victim was unable to know the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

1. On-site photographs;

1. Application of the Acts and subordinate statutes to the record repository and nursing record repository;

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. While considering the nature and risk of the instant crime on the grounds of sentencing under Article 62(1) of the Criminal Act, it is reasonable to strictly punish the Defendant, considering the following: (a) the agreement between the Defendant and the victim was reached; (b) the Defendant appears to have committed a crime; (c) there was no record of punishment heavier than the same criminal record or fine; and (d) there was no record of punishment heavier than the Defendant’s criminal record or fine; and (e) the process, means, and consequence, etc.,

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