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(영문) 대전지방법원 논산지원 2012.12.18 2012고단393

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

Punishment of the crime

At around 22:10 on May 2, 2012, the Defendant collected iron bags, which are dangerous objects, from the victim E (the 52 years of age) who was aware of the fact that he did not receive his own telephone, and laid down the head part of the victim once. The Defendant got off the victim's side gate due to the Plaintiff's walking the part of the victim's side gate by walking the victim at one time, the victim requires approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A written diagnosis of injury;

1. Application of each statute on photographs;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( Taking into account the circumstances favorable to the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act ( repeatedly considering favorable circumstances to the defendant among the reasons for sentencing following the period of suspended sentence);

1. The applicable sentencing guidelines for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc.: (a) the applicable sentencing guidelines for one year and six months from 15 years to 15 years (voluntary mitigation) [the sentencing guidelines] the mitigated area of special injury Type 1 (Special Injury) [the scope of recommending punishment] imprisonment for a year and six months to 2 years and six months; (b) the defendant prices the victim's head as a steel processor; but (c) the defendant is recognized as a criminal act and reflects the nature of the defendant; (d) the defendant agrees with the victim and the community service order was smoothly agreed after the closing of argument; and (e) the sentence of probation accompanied by probation and community service order shall be imposed within the scope of the recommended sentence, taking into account all other circumstances revealed in the arguments.