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(영문) 광주지방법원 2013.04.24 2013고단190
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 00:20 on December 12, 2012, the Defendant claimed the issue of freight at the construction site in Seo-gu, Seo-gu, Seo-gu, Gwangju, about December 12, 2012, on the ground that the victim D (the age of 45) was fluored, but the victim D was neglected, but the victim D was disregarded, and the victim E (the age of 20) was fluored once by the victim E (the age of 20).

As a result, the Defendant carried dangerous objects and fested the victim D’s hair with which the number of days of treatment can not be known, and assaulted the victim E.

Summary of Evidence

1. Defendant's legal statement;

1. Second police interrogation protocol regarding D;

1. Each police statement to F and E;

1. Application of Acts and subordinate statutes on standing photographs;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 260 (1) of the Criminal Act concerning the punishment of a deadly weapon;

1. Of concurrent crimes, an aggravated punishment for concurrent crimes provided for in the former part of Article 37, Article 38 (1) 2, or Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes resulting from a violation of the Punishment of Violences, etc. which is heavier than the punishment provided for in the same Act);

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., the fact that the defendant agreed with the victims, the fact that the victim D's injury appears not to be significant, the defendant has no criminal record exceeding the fine, and the defendant has a profoundly against his/her misunderstanding);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

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