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(영문) 대전지방법원 논산지원 2012.12.28 2012고단481

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 18:00 on July 16, 2012, the Defendant divided the victim D (the 85 years of age, women)’s residence in Chungcheongnam-gun, Chungcheongnam-gun, on the ground that the victim treated the victim as his/her arm’s length bank. While under the influence of alcohol, the Defendant found the victim’s residence as his/her arm’s length bank dispute with the victim, while he/she found the dangerous object (11cm in length, 22cm in total length) and used the victim’s neck as his/her hand, the Defendant sleeped the victim’s neck and her face part with his/her hair and her hair.

As a result, the defendant suffered multiple typology in need of treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. Seizure records;

1. Application of each statute on photographs;

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 ( Taking into account the circumstances favorable to the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act ( repeatedly considering favorable circumstances to the defendant among the reasons for sentencing following the period of suspended sentence);

1. The application of the sentencing guidelines for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc.: The sentencing guidelines for sentence for one year and six months from 15 years to 15 years (the sentencing guidelines) shall be applied [the sentencing guidelines] the mitigated area of habitual repeated crime injury Type 1 (Special Bodi Injury) [the scope of recommending punishment] the Defendant acknowledges and reflects the crime; the Defendant agreed with the victim; the Defendant did not have any criminal history; the Defendant did not have any criminal history; and the Defendant’s suspended sentence accompanied by the community service order shall be sentenced within the scope of the recommended sentence, taking into account all other circumstances revealed in the arguments.