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(영문) 대전지방법원 천안지원 2014.03.28 2014고단130

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 becomes final and conclusive.

Reasons

Criminal facts

At around 04:00 on February 2, 2014, the Defendant: (a) expressed that the victim E (the aged 25) who previously worked in the same game room as the Defendant had been heard by the said game room business owner, etc. on the following grounds: (b) expressed to the effect that “the Defendant would have been able to listen to the statement that there was an influence of the game room money from the Defendant; (c) he was able to hear the victim’s face by gathering a beer disease, which is a dangerous object on the table.” (d) made it difficult for the victim’s back water and the right part of the victim’s face one time, and (d) continued to drink three times the victim’s face.

As a result, the defendant carried dangerous objects and inflicted injury on the victim, such as ear's credit cutting that requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. A written diagnosis of injury;

1. Application of statutes, such as on-site and photographs of injured 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Probation and Social Service Order [Scope of Punishment] (1) more than a year and six months (a person who has been sentenced to aggravated punishment] (a) more serious injury (a person who has been diagnosed as requiring two weeks of medical treatment, but may have a 1/3 amount of external wounding to the right right side, which is dangerous part of the injury, 1/3 of the injury, and the face face accompanied by damage to the adjacent stratones, 1/3 of the depth of the advanced stratones, and 2) a perpetrator/other mitigation factors: A victim's non-prosecution of punishment (the scope of recommending punishment) [the scope of recommending punishment] a victim's crime group of habitual injury, repeated injury, special injury, and basic area (two to four years of imprisonment] [the standards for suspended sentence].