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(영문) 대전지방법원 2015.04.22 2013고단1584 (1)
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for one year.

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

On March 13, 2013, the Defendant used a stone ( approximately 10cm, about 10cm, about 10cm, about 10cm, about 10cm, and about 6cm, which is dangerous to the victim C in the middle-gu, Daejeon, Daejeon, on March 13, 2013, at the Daejeon Pream High School, the victim C (the 46-year-old age), and at the time of vision, the victim C (the 10cm, about 10cm, about 10cm, about 16cm in length, about 6cm in length of the blade), which is dangerous to the victim, and led the victim to a serious heat that requires approximately 3 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Records of seizure and the list of seizure;

1. Statement of opinion;

1. Application of Acts and subordinate statutes, such as standing photographs and photographs;

1. Articles 3(1) and 2(1)3 of the former Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); Article 257(1) of the Criminal Act concerning criminal facts

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act for mitigation of self-denunciation;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances among the following reasons for sentencing):

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

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

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

1. From September to June of the period of imprisonment with prison labor for the scope of punishment by law; and

2. Application of the sentencing guidelines (decision of types) : Crimes of violence, habitual injury, repeated injury, special injury, and Type 1 (Habitual Injury, Bodily Injury and Bodily Injury): Reduction factors: No person in charge of punishment, increased factors of self-denunciation: [no person in charge of recommendation area and scope of recommendation] special mitigation area, imprisonment with prison labor from September to June;

3. Although the degree of damage caused by the criminal defendant's decision to punish the criminal defendant is not minor, there are parts to be taken into account the circumstances leading to the criminal act in this case, the victim and the defendant agreed smoothly, the defendant voluntarily surrenders himself, the defendant has no criminal record of suspended execution or more, and the defendant has no criminal record of suspended execution or more.

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