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(영문) 광주지방법원 2013.08.29 2013고단3193
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

On July 5, 2013, at around 17:45, the Defendant, at around 17:46, Da 306 in the Dong-gu Gwangju-gu, drinked with the victim E (50 years of age) and made a claim as to why the victim would ignore himself or herself. In the dispute, the Defendant was a small-sized person, which was a dangerous object in his or her room, and her head and body were unloaded three times to put the victim into an open top of head.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Application of the Acts and subordinate statutes on photographic data;

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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (this Court shall take into account the following factors: (a) the fact that the defendant acknowledges all crimes in this Court; (b) the agreement with the victim was made; and (c) the fact that there is no significant injury to the victim; and (d)

1. Article 62 (1) of the Criminal Act on the suspended execution (the grounds for discretionary mitigation shall be repeatedly considered);

1. Probation under Article 62-2 of the Criminal Act;

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