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(영문) 광주지방법원 순천지원 2014.12.12 2014고단1719
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 27, 2014, at around 03:55, the Defendant: (a) performed the dart front line of the Dam E (the age of 19) and carried the flab, and carried the flab, and caused damage to the character of the head part in need of treatment for about one week to the victim, by gathering an empty small-scale disease, which is a dangerous object in the vicinity of the Mamart, in which the glab was worn by the glab while the glab was worn by the glab, and the glab, which was worn by the glab, was removed on the ground floor.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Each police statement of E and G;

1. Application of the Acts and subordinate statutes on commission and answer;

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 ( considered as favorable circumstances among the grounds for the relevant punishment);

1. The decision is delivered with the order, in consideration of the reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommendation] of the suspended sentence under Article 62(1) of the Act on the Suspension of Execution [the scope of punishment] the mitigated area (one year and six months to two years) of habitual injury, repeated crime injury, and special injury [the special mitigation] [the case where punishment is not imposed (including a serious effort to recover damage), or considerable damage is recovered (the decision of sentence], one year and six months of imprisonment, and two years of suspended sentence, but the crime is inferior in light of the crime committed by the defendant, but it is contrary to the crime of this case as the first offender without any previous criminal record, and the fact that the defendant agreed smoothly with the victim.

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