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(영문) 대전지방법원 천안지원 2013.07.11 2013고단441
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 January 24, 2013, the Defendant: (a) around 23:00, at the D restaurant located in the Dongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu; (b) the victim F (57 years of age) of E, in the course of fighting with E, became the horse victim and the horse victim; (c) the head of the victim was taken one time due to an empty small-scale disease, which is a dangerous object at the same time, and suffered injury to the victim, such as the heart of two governments in need of approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement concerning F;

1. G self-statements;

1. Application of Acts and subordinate statutes, such as photograph 7, death diagnosis, investigation report (the testimony of the E or H outside of the case) and investigation report (the suspect's hearing report);

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. In the case of this case where the defendant, on the grounds of sentencing of Article 62(1) of the suspended execution of the Criminal Act, gets the head of the victim by the main illness, which is a dangerous object without any particular reason, and caused the victim's hearts in the two-day core of the three-day core government, the crime quality and criminality are not easy in light of the risk of the method of crime and the degree of damage caused thereby, and in addition, considering the defendant's past criminal records, it is inevitable to punish the defendant with severe penalty equivalent to the criminal liability.

However, the execution of punishment is suspended considering the fact that the defendant led to an old crime of 63 years of age, and the victim was able to take the action against the defendant by mutual consent with the victim.

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