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(영문) 대전지방법원 논산지원 2014.09.26 2014고단220

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2.Provided, That the above punishment shall be executed for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

around 23:00 on April 14, 2014, the Defendant’s summary of “D” located in C at Masan-si.

주점에서 유흥접객원인 피해자 E(여, 40세)에게 제대로 흥을 돋우지 못한다고 따지며 피해자와 말다툼을 하다가 화가 나 주변에 있던 위험한 물건인 음료수 캔을 피해자의 얼굴을 향해 던져 피해자에게 약 2주간의 치료가 필요한 얼굴의 으깸손상 등의 상해를 가하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement regarding E;

1. Application of general medical certificate, each description of photograph, or any visual statute;

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. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

1. Scope of penalty: Imprisonment with prison labor for not less than one year and six months to 15 years (Discretionary mitigation);

2. The sentencing guidelines [Determination of types] the group of violent crimes, the group of repeated injury, the group of special injury by repeated injury (the scope of recommending punishment): Reduction area: Imprisonment with prison labor for a year and six months from June to June, and special mitigation factors: None of the special aggravation factors:

3. Determination of sentence: Imprisonment with prison labor for one and half years; and

4. Whether or not a stay of execution is positive for two years (the main reasons for a stay of execution): A person who carries dangerous articles (the reason for a stay of execution): A positive crime: A person who carries dangerous articles (the reason for a stay of execution): negative consequence that the defendant's detention is likely to involve considerable difficulty to his dependants: 4 times in total, 4 times in total, 4 times in total, 4 times in prison, or more in prison (comprehensive comparison and evaluation) prior to the main reason for a stay of execution, the reason for a general reference, and all the circumstances shown in the arguments of this case, such as probation, community service order, and lecture order, shall be sentenced to a stay of execution of imprisonment with labor, accompanied