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(영문) 대전지방법원 서산지원 2015.09.03 2011고단848

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Around 08:00 on August 4, 201, the Defendant: (a) had the victim E (33 years of age) who drinking alcohol at a D restaurant located in Seosan-si, Seosan-si; (b) had the victim’s desire to talk with him; and (c) had the victim’s desire to talk with him; and (d) had the victim’s head at one time due to an empty drinking water, which is a dangerous thing on his customer; (b) had the victim’s head at one time; (c) had the victim’s head head at one time due to a small-scale disease; and (d) had the victim’s head head at another large-scale disease; and (d) had the victim’s finger with his head at one time due to another large-scale disease; and (d) had the victim’s head at one time; and (e) had the victim’s head at one time and the victim’s head at one time; and (e) had the victim’s head at one time, and had the victim’s head at one time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. On-site photographs, photographs of damage situations, etc.;

1. Application of Acts and subordinate statutes of each written diagnosis;

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. The reason for sentencing of Article 62(1) of the Criminal Act under the suspended sentence is the favorable disease, which is a dangerous thing of the defendant, that the method of committing the crime was at least twice, and the injury suffered by the victim was serious. The fact that the defendant agreed with the bereaved family members of the victim (the death of the victim on July 27, 2015), and that the defendant was detained for about one month in the instant case is favorable to the defendant.

In addition to the above circumstances, the sentence like the order shall be determined by comprehensively taking into account all the sentencing conditions shown in the records and arguments of this case.