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(영문) 전주지방법원 군산지원 2015.05.01 2015고단154
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 00:40 on September 19, 2014, the Defendant calculated the victim E (year 41) and drinking at “Dju” located in Sinsan-si, Sinsan-si, with a large drinking value, and followed by the main owner of the main store. The Defendant sent the victim’s face to a large amount of drinking value. On the other hand, the Defendant sent the victim’s face to a large amount of drinking time from the victim to a large amount of drinking time, and then sent the face to a beer’s disease, which is a dangerous object in the table.

As a result, the Defendant inflicted an injury on the victim, such as inside and outside of the days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of the photographic Acts and subordinate statutes;

1. Articles 3(1) and 2(1)3 of the former Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); Article 257(1) of the Criminal Act concerning criminal facts

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The reason for sentencing under Article 62(1) of the Criminal Act is as follows: (a) the type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury), the special mitigation area (9-2 months and 6 months) (special mitigation), in cases where minor injury, punishment not to be imposed (including serious efforts to recover damage), or considerable damage has been recovered [Pronouncement] in cases where a defendant has been inflicted an injury by taking the face of a victim due to beer who is a dangerous object, but the defendant was found to have committed an injury; (b) although the defendant was found to have been erroneous, the victim was willing to take the seat of the defendant; and (c) the defendant did not have any history of criminal punishment prior to the crime of this case; and (d) the defendant’s age, character and behavior, environment, motive and circumstances after the crime of this case, etc.

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