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(영문) 광주지방법원 2012.11.15 2012고단4140
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The punishment of the accused shall be determined by one year and six months.

Reasons

Punishment of the crime

At around 14:20 on March 20, 2012, the Defendant saw the victim E (58 years of age) to drink alcoholic beverages together with the D cafeteria located in the Mandong-gun, the Defendant: (a) took the victim’s bath without any justifiable reason; (b) threatened the beer’s disease at that place; (c) taken flaps; (d) taken the flaps; and (d) towed the flaps from the beer box located in the restaurant near the restaurant; and (e) cut the flaps, etc. of the victim’s right hand, etc. to the victim, who is a dangerous object, distributed the right hand of the victim to the victim so that it is necessary to provide four weeks’s treatment.

Accordingly, the defendant carried a shouldered sicker's disease, which is a dangerous thing, and inflicted an injury on the victim.

Summary of Evidence

1. Each legal statement of witness E, F and G;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to each investigation report (field verification, etc. and witness search and investigation);

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning a crime, and Article 257 (1) of the Criminal Act;

1. In light of the fact that the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is very dangerous, the injured party is relatively heavy, and the injured party is not agreed upon with the injured party or the injured party is not repaid, etc., a sentence should be imposed on the accused.

According to the sentencing guidelines, the instant crime is the basic area among the types of habitual injury, repeated injury, special injury, and the recommended sentence constitutes two-years and four years of imprisonment, but is a contingent crime under the influence of alcohol, taking into account various circumstances shown in the record, such as the Defendant’s age, character and conduct, family environment, health condition, etc., a sentence below the recommended sentence is imposed.

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