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(영문) 광주지방법원 장흥지원 2015.01.29 2014고단176
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

【Criminal Power】 On December 18, 2013, the Defendant was sentenced to a suspended sentence of two years for one year and six months, and the said judgment becomes final and conclusive on December 27, 2013, and is currently under suspended sentence, for the reason of violation of the Punishment of Violences, etc. Act (a violation of the Punishment of Violences, etc. Act, in the support of the Gwangju District Court.

【Criminal Facts of Crimes】 On September 23, 2014, the Defendant collected an empty beer, which is a dangerous object on the table, and her head was frightened for about 14 days, and inflicted an injury on the victim, such as an open wound, which requires treatment for about 14 days, on the ground that the victim E (nives, women, and 48 years of age), who was known to the public, was frighted bad.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A written diagnosis of injury;

1. Photographs;

1. Previous records of judgment: Criminal records, inquiry reports, and application of statutes governing judgment;

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommending punishment] Habitual injury, repeated crime injury, special injury, Type 1 (Habitual Injury, Bodi Bodily Injury, Bodily Injury), mitigation area (one year to two years and six months) / [Special Mitigation] who is not subject to punishment [the decision of sentence] / imprisonment with prison labor for the same kind of crime in the period of one year and six months (the decision of sentence] has several times, but the same kind of crime records in the period of suspension of execution has been several times, and the head of the victim has been taken as a beer who is a dangerous object during the period of suspension of execution and the sentence of sentence is inevitable due to very

However, the same sentence as the order shall be sentenced in consideration of the fact that the defendant is not punished in consultation with the victim, the fact that the victim is not punished in consultation with the victim, and all other sentencing conditions.

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