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(영문) 광주지방법원 순천지원 2015.03.31 2014고단2099
폭행등
Text

A defendant shall be punished by imprisonment for two years.

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

피고인은 2014. 11. 12. 13:00경 전남 보성군 C 소재 피고인의 집에서, 위 1항과 같은 이유로 화가 나, 피해자 D 등 후배 8명을 집합 시킨 다음, 위험한 물건인 쇠파이프(길이 약 150cm)로 피해자의 엉덩이 부위를 10회, 머리 부위를 1회 때리고, 발로 배를 걷어찼다.

As a result, the Defendant used dangerous objects to inflict bodily injury on the victim, such as salted tensions and tensions that require medical treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Each statement of D, F, G, H, and I;

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 as to the crime, Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (the age of the accused has yet to be deteriorated and the first offender is considered);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. [Scope of Recommendation] The basic area (two to four years) of habitual injury, repeated crime injury, and special injury (two to four years) [Decision of a sentence] [Decision of a sentence] There is no person who has been a special offender] [Judgment of a sentence] [The defendant's age is still the three-year period of suspension of execution: considering the defendant's age, the first crime is the first crime; considering the fact that the victim is not punished; considering the agreement with the victim, the victim is not subject to punishment; the result of the injury is not considerably significant disadvantageous to the same victim; the part dismissing the danger of the behavior is continuously harmful to the same victim; and the part dismissing the danger of the behavior.

1. On November 11, 2014, the Defendant discovered that the victim D (17 years of age) who said the Defendant was going to go to work in the entertainment room located in the K Entertainment room located in the Jeonsung-gun, Chungcheongnam-gun, Chungcheongnam-do around 20:00, and discovered that the Defendant was in the entertainment room, and thereafter, the Defendant moved the victim into the toilet of the said entertainment room and sit the victim.

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