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(영문) 대전지방법원 서산지원 2015.02.12 2014고단1054
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 12:30 on October 31, 2014, the Defendant, while drinking alcohol on the street in front of the D convenience store in Jinjin-si, Da, 12:30 on the ground that the drinking of the victim E (the age of 33) went out of the city and went out of the door, and did not open the door, she flabed, and dump the victim’s head, and flabed one time with an empty bed, which is a dangerous object in the vicinity of the site, caused the victim’s injury to the two main and the brain flab, which requires two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, F and G;

1. On-site photographs, influence photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] In the case of habitual injury, repeated injury, and special injury (Habitual Injury, Bodi Bodi Bodi Bodi Bodily Injury), the mitigation area (one year and six months to two years), the mitigation area (special mitigation), the exemption area (including efforts to recover damage), or the recovery of considerable damage (a decision of sentence] method of the Defendant’s criminal act was somewhat dangerous, but the method of the Defendant’s criminal act was somewhat dangerous, the same sentence as the order is determined by comprehensively taking into account all the factors of sentencing as shown in the records and arguments of the instant case including the fact that the Defendant is against the instant criminal act, the Defendant was fully agreed with the victim, and

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