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(영문) 대전지방법원 2016.09.28 2014고단2119
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On April 10, 2014, the Defendant 22:40, Seo-gu, Seo-gu, Seo-gu, Daejeon, 106, 310, where he was sitting in the room floor with the victim C(58 tax) and was drinking on the top of the room, and the Defendant was able to do so for 20 years.

He heard the word “” and collected satisfy’s disease on the face of the victim, laid on the part of the victim’s face, laid on the part of the victim’s face, continued to receive satisfy by drinking to the left hand, and batfe the victim’s face with batfy, and bat off the body of the bones, which requires approximately three weeks of medical treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. On-site and photographs of damage situations;

1. Application of Acts and subordinate statutes of injury diagnostic certificate (Evidence No. 2);

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

1. In light of the following: (a) the sentence of sentence is inevitable in light of the following: (b) the degree of punishment is inferior in light of the method of the crime committed for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act; (c) the victim has not been agreed upon; (d) the victim has been punished three times for violent crimes; and (e) the person has been punished for six times for a fine.

However, considering the fact that the degree of injury suffered by the victim is not excessive, it shall be considered as favorable circumstances, and the punishment shall be determined as ordered in consideration of the age, sex, environment, etc. of the defendant and all the sentencing conditions shown in the arguments of this case.

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