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(영문) 광주지방법원 2014.11.20 2014고단2106
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 of the final judgment.

Reasons

Punishment of the crime

At around 14:00 on May 20, 2014, the Defendant listened to the second floor room in Seo-gu, Seo-gu, Gwangju, that drinking is drinking by drinking by drinking alcohol from the victim E (E, South and 48 years old), the neighbor, and left the victim's disease, which is a dangerous object, by spraying it, and dumping the victim's right side part of the victim's right side, and led the victim's side side flaba, etc., which requires six-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Entry of each statement of the suspect interrogation protocol of the defendant and the police in E;

1. Each report on investigation;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of the upper and upper parts of the E snow, and of the studio disease of a shoulderer;

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 Defendant’s crime of this case with the reason of sentencing under Article 62-2 of the Criminal Act of probation and community service order is inevitable for the Defendant in light of the following circumstances: (a) the victim was faced with a main illness, which is a dangerous object, and caused the victim to suffer bodily injury, such as a breathy, in need of six weeks’ medical treatment; and (b) the victim was not

However, in full view of the fact that the defendant agreed with the victim that the victim is not subject to the punishment of the defendant (a special person) and the fact that the defendant has no record of being punished for the same kind of crime for the last ten years, the defendant's age, character and conduct, environment, etc., the defendant shall be determined as ordered within the scope of one year and six months through two years and six months (the area of mitigation of category 1 (the area of habitual injury, repeated injury, repeated injury, special injury) among violence crime groups, repeated crime injury, special injury) according to the sentencing guidelines, and the execution of the sentence against the defendant shall be suspended only once.

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