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(영문) 대전지방법원 천안지원 2015.06.11 2013고단1837

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 three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 25, 2013, at the Asan-si C New Construction Project site around 12:04, the Defendant told to the effect that it was difficult for the Defendant to get out of the victim D (year 41) who is an employee at the above site. After considering the fact that the service company at the above construction site was not dispatched from the service company at the construction site, it was known that it was not an employee at the above construction site and became up to the construction site, the Defendant was flicked, and the hack pipe (mar 2.5m in length), which is a dangerous object, was displayed by the victim once again, and the victim’s face was approximately three times due to the Defendant’s drinking and head.

The Defendant carried dangerous goods as above and got the victim to receive approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. Entry and video of a report on the inspection of occurrence of the case;

1. Application of Acts and subordinate statutes to entries in a written injury diagnosis;

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 (i.e., circumstances favorable to the following reasons for sentencing):

1. The reason for sentencing under Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances among the reasons for sentencing)

1. The scope of punishment by law: Imprisonment for not less than one year and six months but not more than fifteen years;

2. Scope of the recommended sentences according to the sentencing guidelines [decision of types]. Of habitual injury, repeated injury, and special injury, the category I (Special Aggravation) (Special Aggravation) and minor injury factors of punishment [Scope of recommending punishment] and imprisonment with prison labor for not less than one year and six months but not more than two years and six months (limited to areas subject to special mitigation, but according to the minimum limit of the applicable sentences under law);

3. Determination of sentence: The degree of injury suffered by the victim in one year and six months of probation is minor, the victim does not want the punishment of the defendant, and the defendant does not have any record of punishment in Korea, and the defendant's age, character and conduct, environment, etc. shall be included.