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(영문) 대전지방법원 서산지원 2014.05.01 2014고단37

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

At around 21:00 on November 19, 2013, the Defendant, at D main points located in Jinjin-si, D, where the victim E (the age of 45) was drunk, called “Isco and Hyundai iron will be combined,” but the Defendant, on the ground that the victim respondeded to “Isco and Hyundai iron,” he brought about about 500c beer c bees, which are dangerous things on the customer’s face, and brought about approximately two weeks of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Photographs, etc.;

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

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. The suspended sentence under Article 62(1) of the Criminal Act does not have a criminal record of being sentenced to a punishment exceeding a fine, and only agreement with the victim was reached, and the victim was a defendant's workplace volunteer fee, and the motive and circumstances of the instant crime, circumstances after the instant crime, effort to recover damage, sentencing guidelines (special injury relief section, recommended sentencing guidelines: imprisonment with prison labor for a year and June 1 to 2) and all the various sentencing conditions specified in the records and arguments of the instant case, including sentencing guidelines, shall be determined as the same sentence as the order.