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(영문) 대전지방법원 논산지원 2013.06.28 2013고단40
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2.Provided, That the above punishment shall be executed for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On July 17, 2012, at around 23:50, the Defendant 23:50, sent the victim’s head one time as a beer disease, which is a dangerous object on the table, such as the victim’s face while drinking alcohol, while receiving a high flag E call, and having e, F, and victim G (ma, 43 years old) attend the drinking flably, while drinking alcohol at the location of drinking alcohol.

As a result, the Defendant inflicted an injury on the victim, such as an open wife in which the number of days of treatment can not be known.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made by the police officer in G and E;

1. Application of Acts and subordinate statutes to entries in a written injury diagnosis;

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

1. Article 62 (1) of the Criminal Act;

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

1. Scope of penalty: Imprisonment with prison labor for not less than one year and six months to 15 years (Discretionary mitigation);

2. Sentencing Criteria [Determination of Punishment] Group of violent crimes, Type 1 [Scope of Recommendation Punishment] of Habitual Injury, Bodily Injury: Imprisonment with prison labor for nine months or from two years or more to six months: No reasonable liability of the victim, no penalty surcharge shall be imposed, and no special aggravation factor:

3. Determination of sentence: Imprisonment with prison labor for one and half years; and

4. Whether or not a suspended sentence is positive for two years (major reasons for a suspended sentence): substantial responsibility of the victim, negative negative results of a suspended sentence: A dangerous act carried with him (general reasons for writing): positive: contingent crimes, serious reflectivity, and negative results that he has no record of a suspended sentence or more: It is ordered as per the order within the scope of the recommended sentence, comprehensively taking into account all the circumstances shown in the main reasons, general participation reasons, and arguments as seen earlier (comprehensive comparative assessment).

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