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(영문) 대전지방법원 서산지원 2013.09.13 2013고단364

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 becomes final and conclusive.

Reasons

Punishment of the crime

At around 18:10 on April 4, 2013, the Defendant considered that the victim E (the age of 57) and the victim had paid less daily allowances while drinking alcohol, and caused the victim's chests by double hand, taken once in the face part, taken once in the face part, and caused the victim's breabbbbbbing part, which is a dangerous object at the same time, by taking about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written diagnosis of injury;

1. Application of statutes on site 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Concurrent Consideration for sentencing following the suspended sentence);

1. The reason for sentencing under Article 62-2 of the Social Service Act and Article 59 of the Act on Probation, etc., even though the defendant was sentenced to a fine and a suspended sentence several times due to the same crime, if the defendant committed the crime in this case again, it is not good for him to commit the crime in this case. However, the defendant's mistake is divided, the degree of injury to the victim is not severe, and the defendant agreed with the victim is not severe, taking into account the circumstances leading to the crime in this case, the defendant's age, occupation, etc., the punishment shall be mitigated, the execution thereof shall

It is so decided as per Disposition for the above reasons.