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(영문) 대전지방법원 2015.09.18 2014고단4432

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

Reasons

Punishment of the crime

On May 12, 2012, the Defendant, around 05:30 on May 12, 2012, filed a dispute over the issue of E and Dominium in Seo-gu, Seo-gu, Daejeon, and the second floor, and had talked with E in a room where it is impossible to know the room.

At this time, although the defendant-friendly arrest F entered the studio, the victim G (20 years of age) who is the first flue of E was dead, F was sounded as “I wish to die”, and the victim’s head was taken by hand on his hand with a beer who is a dangerous object in the table.

In addition, H and I together with this, the victim's body was turned out by hand.

In addition, the Defendant saw beer disease, which is a dangerous object, and laid the beer disease to the victim, and laid the body of the victim in F et al., and turned the body of the victim into hand and sprink.

As a result, the Defendant conspired with F, H, and I to give approximately 20 days of treatment to the victim.

Summary of Evidence

1. Partial statement of the police interrogation protocol of the accused;

1. Copies of each police interrogation protocol of F, H, and I;

1. A copy of each police statement of G and E;

1. A copy of J's self-written statement;

1. Application of statutes to copies of each written diagnosis;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime concerned, Articles 257 (1) and 30 of the Criminal Act;

2. The punishment as ordered, by comprehensively taking into account all the circumstances, such as the degree of damage to the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act, the degree of participation of the defendant, degree of penance, criminal record, relation of criminal history, age, character and conduct, intelligence and environment of the defendant, motive, means and consequence of the crime, and circumstances after the crime, shall be determined by comprehensively taking into account.