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(영문) 대전지방법원 2013.10.14 2013고단2251

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

Reasons

Punishment of the crime

At around 13:00 on June 1, 2013, the Defendant, while drinking in front of the “E Eart” in Daejeon-gu, Daejeon-gu, and taking a bath to the surrounding people, the Defendant saw that the victim C (the age of 42) who was next to the Defendant was boomed, carried her fat, carried her bat, carried her bat, and carried her fat, three times the right bat of the victim, which is a dangerous object her hand, and carried out three times the victim’s right fat, which requires treatment for about 14 days.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. On-site and victim photographs;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes for investigation reporting;

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 favorable circumstances):

1. Article 62 (1) of the Criminal Act ( regard for repeated consideration of the following favorable circumstances):

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing on Article 25(3)3, Article 32(1)3, and Article 32(2) of the Act on Special Cases Concerning the Dismissal, etc. of Application for Compensation Order (i.e., the scope of liability for compensation is unclear) is that the Defendant did not make efforts to recover damage and did not receive any compensation from the victim even though the Defendant inflicted injury on the victim by Cheongdon who is a dangerous article, Cheongdon, which is a dangerous article.

However, there is no record of criminal punishment for the same kind of crime, and there is no record of criminal punishment heavier than the suspension of execution, except for the criminal punishment for a crime of assault on November 29, 1995, which is sentenced to a fine of KRW 500,000,00 as a result of a violation of the Punishment of Violences, etc. Act. < Amended by Act No. 5035, Dec. 23, 1999>