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(영문) 대전지방법원 서산지원 2015.07.17 2015고단129

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

Around 18:40 on January 5, 2014, the Defendant, at the main point of “D” located in Seocheon-gu, Seocheon-gu, Seocheon-si C, 2014, drunkly performed a dispute while drinking together with the victim E (the age of 48) with the victim E(the victim E(the victim E). The Defendant saw the victim as his hand and her son, who was a dangerous object on his her face, caused the victim to 1-2 cm off the part of this end, and caused the victim to have the victim’s treatment of two parts of the number of days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of statutes on photographs of damage;

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. The reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The following is normal: (a) type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi......... (b) the mitigated area (1 year and June 2), the mitigated area (1 year and June 6), or where considerable damage was restored (including efforts to recover damage), the decision of sentence is not good; (c) the crime is not good when the head of the victim is taken due to the small-scale illness that is dangerous by the defendant; and (d) the fact that the defendant is against his own mistake; (d) the victim expressed his intention not to be punished (refer to the investigation record)

In addition, 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.