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(영문) 대전지방법원 2016.03.23 2015고단3281 (1)

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

Reasons

Punishment of the crime

On August 18, 2015, from around 10:50 to around 11:00, the Defendant was running a victim C (50 years of age) this ticket plant prior to the expiration of five years prior to the expiration of the Defendant’s residence in Chungcheongnam-gun, and the Defendant was able to receive KRW 15 million from the remainder of 100,000 to the remainder of 100,000 won, and was able to ask the Defendant for and take a bath for money.

Accordingly, the above victim's stick 83 cm with Aluminium foil boomed by the defendant's boat, the defendant's boat, and the above stick, which is a dangerous object, carried the victim in a pushed-down, carried the victim's arms and shoulder, shoulder, leg part, etc. with the above cane in a pushed-out, and again carried the victim's shoulder, shoulder, leg, leg part, etc. over the victim's left part, which is a dangerous object adjacent to the alluminium.

As a result, the defendant put the victim on the top of the 5-day left-hand side, which requires approximately 4 weeks of medical treatment.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A protocol concerning the interrogation of suspect C by the police;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes of each photograph (34 pages of evidence);

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspension of execution (including the fact that there is no previous conviction exceeding a fine, the fact that it is a contingent crime, the part and degree of the injury, and the fact that it is against the punishment, etc.);

1. Article 32 (1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Apply for compensation order;