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(영문) 전주지방법원 2014.12.23 2014고단1254
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except 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 July 15, 2014, the Defendant: (a) around 16:38, around 16:38, 2014, when the victim E (the 27-year-old age), a workplace partner in the front of the Danju-gun, was on the ground that the Defendant was her water-icked and sated to the Defendant; (b) “on the ground that the victim E (the 27-year-old age-old) was sent to the Defendant, the Defendant 78 centimeters in length, which is a dangerous object at the entrance of the above management dong building; and (c) the 2 centimeters in diameter, in which he would display the pipe at the left port of the victim; and (d) caused the victim to her a dives and dives that require approximately two weeks medical treatment, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A medical certificate;

1. Application of the provisions of the Acts and subordinate statutes to the pipe photographs and damaged part 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 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (a point agreed with the victim, etc.);

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (hereinafter referred to as "the favorable circumstances for the reasons for sentencing") is that the victim, after the reasons for sentencing, appeared to have neglected the defendant's name and neglected to comply with the defendant's direction despite the circumstances leading up to the crime of this case where the victim injured the victim, which is a dangerous object, by displaying the victim's attitude of disregarding the defendant's name, and the risk of committing the crime of this case. However, the defendant is the first offender with no criminal power, and the victim's mistake that stimulates the defendant due to the following acts, such as disregarding the defendant's name and failing to comply with the direction, is one cause for the crime of this case. The victim's punishment was agreed smoothly with the victim, which does not want the victim's actual degree of damage, the defendant's mistake is divided later or later, and the defendant becomes a condition for sentencing, such as age, character and behavior, family relation, etc.

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