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(영문) 광주지방법원 순천지원 2015.08.25 2015고단619
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

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

Reasons

Punishment of the crime

At around 15:50 on January 29, 2015, the Defendant: (a) 15:50, the victim E (50 years of age) called the Defendant’s seat to the Defendant’s seat and called the Defendant’s seat to cut off the vehicle; (b) asked the Defendant to call the Defendant’s seat; and (c) brought an dispute with the victim. In order to resist the victim, the Defendant: (a) caused the victim’s disease, which is a dangerous object that entered the said restaurant; and (d) caused the victim’s injury to the face that requires approximately two weeks of treatment; and (b) caused the victim’s injury to the character of the face that requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and the written statement of E;

1. A written diagnosis of injury;

1. Application of two photographs, two copies of the photograph;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act as to the crime, Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (hereinafter referred to as the following factors in light of the circumstances favorable to the reasons for sentencing);

1. The reason for the sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. [Scope of Recommendation] The mitigated area (1 year and six months to two months), the mitigated area (1 year and six months to six months), the penal penalty (including serious efforts to recover damage) or considerable damage (1 year and six months to be declared] the case where the probation and community service order have been mitigated from the mitigated area (1 year and six months to six months) (3 years to one year and six months: the case where the sentence is sentenced] the one year and six months to three years under one year and six months; the case where the previous one has no same kind of power; the degree of injury is not significant; the fact that the victim has agreed smoothly with the victim; the fact that the victim has agreed smoothly; the normal situation unfavorable to the victim: the nature of the crime and the

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