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(영문) 대전지방법원 2012.10.12 2012고단2175

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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

At around 18:00 on June 3, 2012, the Defendant: (a) lent KRW 400,00 to the Defendant in order for the victim D (the victim D) to repay the purchase price to the victim E (the victim 15 years of age) and F (the 15 years of age) in order to lend the purchase price to the victim E (the victim d) and the victim F (the victim d's 15 years of age), each of the items (the length, 110cm, the width of 5cm) dangerous articles; (b) taken the victim E's head and bridge over the floor one time; and (c) taken the victim's head going beyond the floor, taken part in the victim's head, who took part in approximately two weeks of treatment; and (d) assaulted the victim at one time, such as the victim F and D at one time.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each police statement made to E, F, and D;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes on damaged photographs and photographs;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act (the occupation of inflicting an injury on carrying a dangerous object); Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 260 (1) of the Criminal Act (the occupation of assaulting carrying a dangerous object);

1. The former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act to increase concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Although probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. does not constitute a crime of this case for the reason of sentencing, the sentence of probation, community service, and order to attend a lecture shall be imposed after discretionary mitigation in consideration of the fact that the defendant's mistake is divided, the degree of injury to the victim E is not limited, the defendant's agreement is reached with the victim D, the defendant committed the crime of this case, the circumstances leading to the crime of this case, etc., and the sentence of probation, community service, and order to attend a lecture shall be added to prevent