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(영문) 대전지방법원 2015.06.17 2014고단2941

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 August 26, 2014, the Defendant: (a) around 16:30, at the Geumsan bus terminal located in Geumsan-gun, Chungcheongnam-gun, Chungcheongnamcheon-gun, 77, and (b) caused the injury to the victim, such as the head and head of the victim, and the head of the body, and the head of the body of the victim, as the victim was coming out of the floor and the head of the body, while the victim was coming out of the floor, and caused the injury to the victim, such as the price of the head and head of the body of the victim, and the head of the two parts, which are dangerous things, at approximately two weeks of medical treatment.

Summary of Evidence

1. Each legal statement of witness C and D;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to report criminal investigation (attached to site photographs taken at the time of dispatch to the site after receiving a report 112);

1. Articles 3(1) and 2(1)3 of the former Punishment of Violences, etc. Act (amended by Act No. 12896, Dec. 30, 2014); and Article 257(1) of the Criminal Act regarding criminal facts (see, e.g., Supreme Court Decision 201Da12896, Dec. 30, 201)

3) According to the reasoning of the lower court’s judgment, it is sufficiently recognized that the Defendant committed an act in its reasoning.

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances among the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;

1. Application of the sentencing guidelines [Determination of types] : Crimes of violence, habitual injury, repeated injury, special injury, and Type 1 (Habitual Injury, Bodily Injury and Special Injury): Reduction factors: None of the factors of aggravation of punishment (the area of recommendation and the scope of recommendation), area of mitigation (the area of recommendation and the scope of recommendation), period of one year and six months from June to June;

2. The defendant who has been sentenced to sentence shall be punished for the same crime;