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(영문) 대전지방법원 서산지원 2015.03.05 2014고단1109

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 19:40 on October 27, 2014, the Defendant collected hack pipe (58cm in length, 3.2cm in diameter) that is a dangerous object located adjacent to the restaurant on the ground that the drinking alcohol was done at the “D” restaurant located in Seosan-si C, Seosan-si, and caused the Defendant to inflict an injury on the victim, such as cutting down the mouth at the bottom of the bridge in need of medical treatment for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Records of seizure and the list of seizure;

1. Photographs of seized articles, damage situations and photographs thereof;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] In the area of mitigation (1 year and six months to six months), the area of mitigation (1 year and six months), the area of mitigation (1 year and six months to six months), or where considerable damage has been recovered (including efforts to recover damage), the defendant's decision of sentence] was dangerous to the victim's head head due to the decline, which is a dangerous object, the victim's personal behavior and trial expenses, and thereby the method of committing the crime was dangerous; the significant injury suffered by the victim is a normal condition unfavorable to the defendant; the defendant's agreement was reached with the victim; and the fact that there was no criminal conviction for violence-related crimes after 200.

In addition to the above circumstances, the sentence like the order shall be determined by comprehensively taking into account all the sentencing conditions shown in the records and arguments of this case.