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(영문) 대전지방법원 2015.04.02 2015고단44

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

Around 03:00 on December 6, 2014, the Defendant listened to the victim’s desire to “scam” on the ground that the victim E(39 years of age) and drinking were able to say that the Defendant had the victim “scams” on the ground that the Defendant continued to talk from the female,” and that the Defendant had the victim’s desire to “scamscams” on the ground that he was said to “scamscams”, the Defendant got the victim’s head and got the victim into the victim’s head, thereby causing injury to the victim, such as the mouth, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence [Scope of recommending punishment] The grounds for sentencing under Article 62 (1) of the Criminal Act include violent crime group, violent crime group, habitual injury group, repeated crime injury, special injury (type 1), mitigation area, imprisonment with prison labor for one year and six months to two years and six months [Pronouncement Decision]: (a) there is no specific criminal record other than once of a fine of the same kind; (b) the accused is against his/her mistake; (c) the victim does not want the punishment; (d) the motive and circumstance leading to the crime; (e) the degree of damage; and (e) the defendant'