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(영문) 광주지방법원 해남지원 2015.09.03 2015고단256
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 21:20 on March 10, 2015, the Defendant: (a) heard the horses that the Defendant repaid money borrowed from the victim E (year 54) and performed drinking at the D main points located in Todo-gun C; (b) took a dispute with the victim, and (c) took part in the dispute with the victim, the Defendant her hand brought about the beer’s disease, which is a dangerous object on the table that he she was seated at the time when he she turned out.

As a result, the Defendant, while carrying dangerous objects as above, inflicted bodily injury on the victim, such as the second heat, which requires medical treatment for about 14 days.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Medical certificates (E);

1. Application of Acts and subordinate statutes to the scene of crime, beer and beer at the scene, and photographs of victims of injuries;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The defendant and his defense counsel's assertion of the defendant and his defense counsel under Article 62 (1) of the Act on the Suspension of Execution (hereinafter referred to as "the following grounds for sentencing") asserts that the defendant's defense counsel did not have any influence on the victim's full-time part of the victim's head because the beer's disease on the table was broken in the course of booming the victim while booming the victim with the victim, and that the defendant did not have any influence on the part of the victim's head.

However, in light of the aforementioned evidence, and the parts and types of the body suffered by the victim recognized by legitimate evidence investigation by this court, the scene after the crime, the degree of injury suffered by the defendant by the defendant, etc., even if considering the various circumstances alleged by the defendant, credibility can be acknowledged from the investigative agency to the consistent victim E's statement from this court. Thus, the defendant's criminal facts are the same as stated in the judgment.

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