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(영문) 대전지방법원 2014.07.16 2014고단1685

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 29, 2014, at around 19:50, the Defendant asked the neighboring victim E (67 years of age) in the “D,” located on the first floor of the Seo-gu Daejeon Seo-gu Seoul apartment commercial building, Seo-gu, Daejeon, about 19:50, and, on the other hand, the Defendant asked the neighboring victim E (67 years of age) to look back, and asked the victim to engage in landscaping, stating that the victim is a landscape, “I do not have to engage in any work only when I make the decision to grant the franchise.” In addition, the Defendant inflicted two injuries on the victim, who is a dangerous object on the table, by getting the head of the victim two times and having the victim receive approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written diagnosis of injury;

1. An investigation report;

1. Application of Acts and subordinate statutes to a written agreement;

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. It is so decided as per Disposition by the assent of all participating Justices on the following grounds: (a) the method of sentencing under Article 62(1) of the Criminal Act; (b) the degree of injury; and (c) the agreement and reflection with the victim;