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(영문) 광주지방법원 2015.04.09 2014고단4847
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2. Provided, That 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 2, 2014, at around 03:00, the Defendant: (a) provided the doping that there is no money for the victim E (20 years of age) who is a e-mail in Gwangju mine, and (b) provided a continuous payment of KRW 500,000,00 that he borrowed, but did not pay the money; (c) reported the appearance of the two owners in the same place; and (d) reported the two owners, which are dangerous objects on the table table, were flicked once, and continued to look at the victim’s head on three occasions with the same two-way disease.

As a result, the defendant committed two weeks of treatment with dangerous things to the victim, resulting in the victim's injury.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on death diagnosis, injury photograph;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Scope of the recommended sentence according to the sentencing guidelines: From one year and six months to two years.

3. Determination of sentence: One year and six months of imprisonment, and two years of suspended sentence, the crime of this case was committed by the defendant on the two-way basis, which is the dangerous thing of the defendant, with the injury of the victim's eye and head several times, and the nature of the crime is not good;

However, the sentencing guidelines shall be determined in accordance with the sentencing guidelines, taking into consideration the following factors: (a) the defendant is heavily against his mistake; (b) there is no criminal history against the defendant; and (c) the favorable circumstances that the victim does not want the punishment of the defendant; and (d) the age, character and conduct, environment, circumstances of the crime, circumstances after the crime; and (c) all the sentencing conditions specified in the arguments of the case,

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