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(영문) 대전지방법원 천안지원 2013.06.27 2013고단493
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 three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 02:30 on February 26, 2013, the Defendant used anti-ends by the victim E (year 48) who drinked alcoholic beverages together within the “D” restaurant located in the Gangnam-gu Seoul Special Metropolitan City, Chungcheongnam-gu, the Defendant: (a) taken the victim’s head once as a small-scale disease, which is a dangerous object on the table, and took the victim’s face and head once; and (b) sustained the victim’s face and head more than 14-day medical treatment by the strike of a shouldered small-scale disease, which is a dangerous object on the floor of the victim and the body fighting fighting with the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the interrogation of suspects of E;

1. Application of Acts and subordinate statutes of the injury diagnosis 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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing):

1. Reasons for the sentencing of Article 62 (1) of the Criminal Act (hereinafter referred to as the "grounds for sentencing") [Determination of types] for the punishment of habitual injury, repeated injury, special injury resulting from repeated injury, repeated crime, special injury (special person in special appearance] - The elements for mitigation: In the case of failure to punish (including serious efforts to recover damage) or recovery of considerable damage (the scope of recommendation area] [the scope of recommendation area] one year and six months to two years [the scope of general appearance] - The amount of mitigation element: The amount of serious reflect [the applicable provisions of applicable Acts]: Three years or more [the period of suspension of execution] - Where the main motive is used to commit a deadly weapon or other dangerous object with a deadly weapon or other dangerous object, the main reason for suspension of execution (including a serious effort to recover damage), three years or more, three years or more, three or more, three years, three or more, three or more, three years, one or more, one or more, one or more, three years, one or more, one or more;

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