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(영문) 대전지방법원 2013.12.04 2013고단1828

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of eight months.

except that from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 2, 2013, Defendant A around 18:20, at the “F cafeteria” located in Daejeon Jung-gu, Daejeon, Defendant A, the victim B (year 49) and drinking alcohol were caused by a small-scale illness, which is a dangerous object on the table, and the victim’s head was removed once and the victim’s number of days of treatment cannot be identified.

2. Defendant B, at the time, at the time, and at the place specified in paragraph (1), the victim A (year 55) and the Defendant left the part of the victim, which was a fluent product on the tables, once again.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of field photographs, damaged part photographs (B), and damaged part photographs (A) Acts and subordinate statutes;

1. Article applicable to criminal facts;

A. Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1)3 of the Criminal Act

B. Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, and Article 260(1) of the Criminal Act

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following grounds for sentencing) of the suspended sentence;

1. The crime of this case committed by Defendant A is very heavy in terms of the nature of the crime corresponding to imprisonment for a limited term of not less than three years: Provided, That the victim's treatment expenses have been recovered to some extent by paying the victim's treatment expenses and agreed smoothly with the victim; there is no particular criminal record since 2007; although the investigative agency denied the crime in this court, it is delayed in this court, and is against his mistake, and the defendant's age, character and conduct, motive for the crime, relationship with the victim, circumstances after the crime, etc. are considered as the sentencing conditions specified in the argument of this case, and the sentence against the defendant shall be determined as the order of the defendant.

2. Defendant B’s crime of this case is a statutory penalty of at least one year.