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(영문) 광주지방법원 순천지원 2015.12.04 2015고단1378
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 17:40 on May 29, 2015, the Defendant parked the Defendant’s car at the street “Dnoman Bank” in front of the “Dnoman Bank,” which is located in 17:40 on May 29, 2015, where the victim E (23 years of age) parked at the entrance of the singing room where the Defendant works, and prevents the Defendant from parking the Defendant’s car. However, he saw the victim’s shape with left hand, booms the victim’s left hand on two occasions at the right hand, and continuously booms the victim’s shape into the victim’s sing room, and entered the victim’s face into the sing room with the right hand, 5 times at the right hand, and 2 times at the right hand of the victim’s face with the victim’s head and the part of the victim’s cover, such as the victim’s hair (4m, 1m in length, and 1m in part of the victim’s left hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each photograph;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the Social Service Order [Scope of Recommendation] In the case of habitual injury, repeated injury, and special injury: category 1 (Habitual Injury, Bodi Bodi Bodily Injury), the mitigation area (1 year and six months to two years), the punishment not (including particularly mitigated efforts to recover damage), or considerable damage is recovered (the decision of sentence] the case where the defendant carrying dangerous things exceeding the discipline and causing bodily injury is not easy due to the crime of causing bodily injury.

Provided, That the same sentence as the order shall be determined in consideration of the fact that the defendant reflects the error in depth, has agreed with the victim, has not been injured, has not been injured, and has no previous record.

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