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(영문) 대전지방법원 2016.03.17 2015고단3960

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 5, 2003, the Defendant was sentenced to a fine of 300,000 won for a violation of the Punishment of Violences, etc. Act at the Busan District Court on March 5, 2003, and the same force is five times.

On December 27, 2013, at around 22:00, the Defendant, while drinking together with the victim E ( South and 45 years of age) in the ‘D cafeteria' located in Daejeon Daejeon Seo-gu, Daejeon, on the ground that the injured party spawnds the Defendant, and spawned the Defendant, the Defendant spawned the victim’s face two times as a spawn, which was a dangerous object that was the consignee, and led the victim to the spawn of the number of days of treatment.

Summary of Evidence

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

1. Statement made by the police for E;

1. Application of statutes on site photographs;

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

1. Article 62(1) of the Act on the Suspension of Execution appears to have not been placed at the location of the victim's serious injury for the reason of sentencing; Article 62(1) of the Act on the Suspension of Execution; Article 62(1) of the same Act comprehensively takes into account the following: (a) that the defendant has reached an agreement with the victim; (b) that the defendant has no record of the crime subject to punishment beyond the fine due to the same kind of crime; (c) that