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(영문) 광주지방법원 2013.09.12 2013고단3446
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

around 20:00 on May 27, 2013, on the ground that the calculation in the “E” restaurant operated by the victim D(34 years of age) in Gwangju Mine-gu was not consistent, the Defendant suffered injury to the victim by open headal part of the part where detailed treatment for about 2 weeks is necessary, on the ground that he and she did not go against the calculation in the “E” restaurant operated by the victim D(34 years of age) in Gwangju Mine-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes of a medical certificate;

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 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., that the victim may suffer a big wound due to the act of the defendant, and that there is no special circumstance for the defendant to inflict bodily injury on the victim, considering the fact that the defendant does not need a strict punishment. However, considering the circumstances, such as the fact that the defendant fully recognizes the crime, the fact that the defendant agreed with the victim, and the fact that the defendant has no criminal record, etc.),

1. Article 62 (1) of the Criminal Act on the suspended execution (the grounds for discretionary mitigation shall be repeatedly considered);

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