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(영문) 광주지방법원 장흥지원 2015.01.08 2014고단104
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 became final and conclusive.

Reasons

Punishment of the crime

On April 11, 2014, at around 22:25, the Defendant: (a) in the “E” operated by the Victim D (Inn, 59 years of age) in Gangnam-gun C, Jinjin-gun, the Defendant: (b) brought a dispute with F, which had no appraisal in ordinary peace; and (c) broken an empty smaller’s disease on the floor; and (d) caused an injury to the Defendant, i.e., a shoulderer’s disease, which is a dangerous thing for the victim to the victim; (b) caused the injury to the right-hand part, where the number of days of treatment cannot be known to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. A copy of medical records;

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. 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 of the suspended sentence [Scope of Recommendation] The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence shall be taken into account such as habitual injury, repeated injury, special injury, Type 1 (Habitual Injury, Bodi Bodi Bodily Injury) and the special mitigation area (Act No. 9 to February 2) [Special Mitigation]: Imprisonment with prison labor for a year and six months, and one year and six years of suspended sentence for a year and two years of suspended sentence, but rather contingent crimes are somewhat contingent crimes, and the degree of damage is minor, and the victim does not want the punishment of the defendant.

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