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(영문) 대전지방법원 천안지원 2015.06.12 2015고단400

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 13:05 on September 17, 2014, the Defendant was trained at the headquarters of the sewage reserve forces in the sewage reserve forces located in the sewage reserve forces in the front-gun of North Korea on the ground that the victim C (the age of 35) who is the same reserve force was bad. On the ground that M (M) 16 small guns, which are dangerous objects after being examined as a bad hand, the Defendant inflicted injury on the victim, such as chest chron, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police statement;

1. Description of the written diagnosis of injury;

1. Application of the visual Acts and subordinate statutes to small guns and photographs of violence parts;

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Type 1 (Decision on the Sentencing), the basic area of application of the sentencing criteria (decision on the recommended area), two years to four years of imprisonment.

3. Determination of sentence: One year and six months of imprisonment, and three years of suspended sentence are dangerous things that the defendant injured the victim and did not receive a letter from the victim are disadvantageous circumstances;

However, if the defendant acknowledges the mistake that the defendant was unable to participate in a simple emercation, he constantly seeks a letter of suspicion to the victim, and the degree of injury to the victim seems to be relatively minor, and there is no criminal record or penalty power for the defendant.

The same sentence as the order shall be imposed in consideration of such favorable circumstances.