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(영문) 대전지방법원 서산지원 2014.05.01 2014고단52

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 22:30 on September 4, 201, the Defendant, while drinking the victim E(31 years of age) and alcohol at the D station located in Mineyang-si, 201, caused injury to the victim, such as thalin, which requires treatment for about two weeks by 500cc beer, which is a dangerous thing before chemicalization.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. Application of Acts and subordinate statutes of a medical 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. Sentencing sentencing under Article 62(1) of the Act on the Suspension of Execution is recognized as having inflicted an injury on the victim, which is a dangerous thing, but the defendant has not committed any other crime other than the instant case after entering Korea in 2009, the victim's injury has not been severe, and the defendant has agreed to do so in full with the victim, taking into account all the circumstances and circumstances of the instant crime, including the motive and circumstances of the instant crime, circumstances after the crime, the effort to recover damage, the sentencing guidelines (special injury mitigation section, the sentencing guidelines: imprisonment with prison labor for a year and June through June 6) and all the sentencing conditions specified in the records and arguments of the instant case, including the following: