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(영문) 광주지방법원 2015.08.12 2015고단2146
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for one year.

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 03:10 on June 11, 2015, the Defendant, at the main point of “D” located in Gwangju Northern-gu, Gwangju, the Defendant: (a) expressed that there was a lot of money from the victim E (Nam, 19 years of age) who is an elementary school; (b) expressed that only one cans (1) of Alumining drinking water (13cc in length) which is a dangerous object on a customer; and (c) took the face to provide a victim with approximately four weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written diagnosis of injury;

1. Application of statutes on site photographs;

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 2 and Article 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act, Article 60(3) of the Juvenile Act, including the following: (a) The reason for sentencing under Article 62(1) of the suspended sentence; (b) the defendant is a juvenile who has no record of criminal punishment; (c) the defendant committed the instant crime contingently; (d) the defendant committed the instant crime in depth; (c) circumstances favorable to the defendant, such as the defendant’s deposit for the victim; and (b) circumstances unfavorable to the defendant, such as the defendant’s age, occupation, family relationship, environment; and (e) the degree of injury to the victim cannot be deemed to be light; and (e) the sentence

(The sentencing guidelines are "one year and six months from imprisonment to two years and six months," but the above circumstances and the defendant are juveniles.

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