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(영문) 대전지방법원 2016.02.04 2015고단3670

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 21, 2015, at around 18:20, the Defendant: (a) placed in his hand the head of the Dong, a dangerous object ( approximately 36 cm in length, about 15 cm in length) in front of the residence of the victim D (Woo, 55 years old); and (b) placed his head of the Dong, a dangerous object ( approximately 36 cm in length, about 15 cm in length, about 15 cm in length), and (c) placed his head of the Sinsan-gun in bad faith.

“Along with the victim’s words, the victim took action as seen above, and acted in the victim’s speech with the victim, and the victim said that “I am at the time of the front,” and the victim took the part of the victim’s ship on the ground floor one time due to the heading, thereby having the victim use the part on the ground at which I am, thereby causing the victim to take medical treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, one time a suspended sentence of punishment (1989), one time a fine of the same kind (1981), and one time a fine of the same kind (1981), which is a dangerous object of the defendant, inflicted bodily injury on the victim. In light of the risk of the crime, the responsibility of the defendant is not less strict, efforts to recover the damage (1 million won in deposit), the degree of injury is relatively minor, and the conditions of all kinds of sentencing, such as reflectivity, contingent crimes, the defendant's age, character and conduct environment, etc., are considered.