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(영문) 광주지방법원 2015.08.12 2015고단1337
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Around March 5, 2015, the Defendant violated the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.) 01:50, at the main point of the trade name “D” located in the north-gu Seoul Northern-gu, Gwangju, stating that he would drink with the victim E (the 23 years of age), who is an employee, and was under the influence of alcohol, that the Defendant she saw a trial expense to mean “the victim was suffering from Busan, referring to that she would have come to go to Busan, and is suffering from fraud.” However, the Defendant breadddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddd

2. On the date and time set forth in the above paragraph 1 above, the injured Defendant expressed a desire to report the victim who was on the way to return home to the above main point, and she saw the victim F to the above main point F, and seeed the victim's words " wherever he reported to the police," she saw the victim's left head on one occasion by drinking, she ran the victim's hand over to the entrance of the stairs leading the victim to the second floor by pushing the victim into the victim's body, and she saw the victim into the body, thereby facing the victim's two-day medical treatment for about two weeks.

Summary of Evidence

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes to entries in a written injury diagnosis;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) The point of possession of a deadly weapon: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act and Article 260 (1) of the Criminal Act;

(b) The point of injuring the judgment: Article 257 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (aggravating within the scope of aggregated of the maximum term of punishment specified for each crime in the market);

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. Type 1 of crime;

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