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(영문) 대전지방법원 천안지원 2014.09.26 2013고단1788 (1)

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

On August 20, 2013, the Defendant, at around 09:00, 69-10, performed drinking in front of the plaza of the hot spring station in the Asia-si hot spring area, on the ground that the victim drinking alcohol with the victim C (the age of 38) while drinking alcohol with the view of drinking alcohol, was fluoral disease, which is a dangerous thing at the bar, and flusium of the victim’s head was fluor, and caused two heats where the number of days of treatment cannot be known to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to C of the suspect examination protocol;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., that the injured party does not want the punishment and that the accused reflects his/her mistake);

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more (the grounds for discretionary mitigation are repeated);