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(영문) 대전지방법원 천안지원 2015.11.10 2015고단1360

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

except that 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 10:10 on August 1, 2015, the Defendant, at the Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, C apartment 103 Dong 610, and with the victim D (the age of 63) living together, performed drinking while drinking alcoholic beverages, which is a dangerous object, was put in the head of the victim, and the Defendant cut the head of the treatment days to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of the Acts and subordinate statutes to photographs taken on the spot and damaged parts;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the fact that there is no past record of criminal punishment exceeding the fine and the victim does not want the punishment of the defendant);

1. Where the mitigation area (1 year and six months to two years), mitigation area (1 year and six months to six months), penalty exemption (including advanced efforts for recovery of damage), or considerable damage has been restored to the sentencing criteria [Scope of recommendation] for habitual injury, repeated injury, and special injury (Habitual injury, repeated injury, and special injury) for habitual injury;

2. The sentence shall be determined as ordered by taking into account the following circumstances, including the major circumstances and records prior to the decision of sentence, the background and motive leading up to the defendant to commit the crime, the means and method of committing the crime, the circumstances before and after the crime, and the age, character, conduct, career, and environment of the defendant as shown in the pleading of this