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(영문) 광주지방법원 장흥지원 2014.04.10 2014고단11
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

On October 6, 2013, the Defendant: (a) around 23:30, at the restaurant called “E” operated by the victim D (n, 45 years of age) in Gangnam-gun, Gangnam-gun; (b) the victim F (43 years of age) who is a senior citizen of the Republic of Korea was friendly of the Defendant and the victim’s friendly G with the above victim’s friendly relationship with the victim; (c) the victim was able to take a bath about the above victim; (d) the victim was collected from the above victim; and (e) the victim was frightd from the above restaurant to the above victim; and (e) the victim was frightd from the above restaurant; (e) the victim’s face, bucks, and bucks were bucking out of the above restaurant; and (e) the victim was frightd with the above victim’s head, who was at risk in the above restaurant; and (e) the victim was frightd with the above victim’s disease.

As a result, the defendant committed the injury to the victim F in two open wounds that require approximately 10 days of medical treatment, and damages to the victim D's reputation that requires approximately 15 days of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, D, and H;

1. Each written diagnosis of F and D;

1. Application of the photographic Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the crime of this case is not less severe than the nature and risk of the crime of this case, and that the defendant has a criminal record of the same kind of crime. However, the circumstance of the crime is contingent, the degree of injury of the victims is not relatively much severe, the defendant's perception of the crime and his mistake are against the victims.

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