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(영문) 대전지방법원 2013.08.23 2013고단1927

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

On March 12, 2013, at around 16:40, the Defendant discovered the victim E (the 62 years of age) who is a branch in the front way of Daejeon Dong-gu, Daejeon, and laid down a cement brick, which is a dangerous article on the road, without any reason, while under the influence of alcohol, and carried the victim's breath and spons the breath, which was a dangerous article on the road, and carried the victim's head at one time.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. A written diagnosis of injury;

1. Application of each statute on photographs;

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. Although the criminal liability of the defendant for the crime of this case was not minor due to the crime of this case in the reason of sentencing under Article 62(1) of the Criminal Act, the sentence is determined as ordered by comprehensively taking into account such various sentencing conditions as the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, circumstance after the crime, etc., and the fact that the defendant's mistake is committed, and the victim does not want the punishment against the defendant under an agreement with the victim.