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(영문) 광주지방법원 2014.04.30 2014고단171
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The punishment of the accused shall be determined by two years of imprisonment.

However, the above sentence shall be executed for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On December 24, 2013, at around 07:20, the Defendant, under the influence of alcohol within the Dju located in Seo-gu, Seo-gu, Gwangju, and calculated the drinking value by drinking alcohol while having weak ability to discern things or make decisions, the Defendant was faced with the victim E (the age of 26) who is an employee, and the free liquor, which is a dangerous object on the tables of Si-to-be, was faced with the victim’s face, thereby causing injury to the victim, such as tearing the end of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes entered in the E-document;

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 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 (1) of the Act on Probation, etc.;

1. Scope of the sentence that may be sentenced [Determination of types of punishment] - Type 1 (Habitual Injury, Bodi Bodi Bodi Bodily Injury) (Special Bodily Injury) (Special Bodily Inflicting Person] - Decision on the area of special mitigation [Determination on the area of recommendation] - From September to two years and six months (general person who is a person in general form] - The area of mitigation element of mental health and injury (the person in person in special responsibility);

2. Whether or not the suspension of execution is added - The reason for major reference: Insignificant punishment - the reason for general reference: Criminal records of not less than two times of negative suspension of execution; and

3. Two years (three years to suspend the execution of sentence) of imprisonment with prison labor;

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