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(영문) 대전지방법원 천안지원 2015.06.18 2015고단434
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 21:50 on December 13, 2014, the Defendant, under the influence of alcohol, sustained the victim E (the age of 63) with the firearms containing air gun F, which contain the victim’s head, and caused the victim’s injury to the victim from the unclaimed head of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. E’s writing;

1. Images of on-site photographs;

1. Application of each applicable statute of one (No. 1) and sixty (No. 2) of confiscated F. F. 1 (No. 1) and 60 (No. 2);

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 (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of punishment by law: Imprisonment for not less than one year and six months but not more than fifteen years;

2. Scope of the recommended punishment according to the sentencing guidelines (decision of types of punishment), violent crimes, and Type 1 (Special Bodily Inflicting Persons), from among habitual injury, repeated injury, injury or special injury (specially Inflicting Persons) [Scope of recommending punishment], and imprisonment with prison labor for not less than one year and six months but not more than two years and six months;

3. Determination of sentence: The sentence is made in one year and six months of the suspension of execution, in consideration of various sentencing conditions shown in the arguments of this case, including the following: (a) the fact that the defendant, while under the influence of alcohol, inflicted an injury on the victim as a dangerous object without any particular reason; (b) the defendant was punished for the same kind of crime; (c) the defendant paid three million won to the victim; (d) the defendant has no record of criminal punishment exceeding a fine; and (e) the defendant has no record of criminal punishment exceeding a fine; and (e) the defendant's age, character and conduct, and environment

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