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(영문) 대전지방법원 천안지원 2015.11.10 2015고단1361
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
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 July 30, 2015, the Defendant: (a) around 21:30 on July 30, 2015, at E-cafeteria operated by the victim D (V, 53 years of age) located in Yannam-gu, Chungcheongnam-gu; (b) had the back head of the Victim F(57 years of age) on two occasions due to the beer’s disease, which is a dangerous object without any reason under the influence of alcohol; and (c) had the head of the Victim F(57 years of age).

As a result, the Defendant, carrying dangerous articles, assaultsd the victim D, and committed the victim F to the victim F, who flown away from the treatment days in an influence.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of D and F;

1. Application of the Acts and subordinate statutes to photographs of the damaged part of the victim F, field photographs, and photographs of the damaged part of the victim D;

1. Relevant Article of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act (the occupation of assaulting carrying dangerous articles and the choice of imprisonment), Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act (the occupation of inflicting bodily injury on carrying dangerous articles) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the fact that a full agreement has been reached with victims)

1. The sentencing guidelines set forth in subparagraph 1 [Scope of Recommendation] of the mitigated area (one year and six months to two months), the mitigated area (including a person who has been specially mitigated), the person who is not subject to punishment, or the person whose considerable damage has been recovered from the mitigated area (including a serious effort to recover damage) of the mitigated area (one year and six months to six months), or the second crime [the scope of Recommendation] of the mitigated area (including a habitual, repeated, and special assault) of the mitigated area (4 to one year and one year two months), the mitigated area (including a serious effort to recover damage) of the mitigated area (including a person who has been specially mitigated), or the person who has been sentenced to punishment (including a serious effort to mitigate damage) of the mitigated area (including a person who has been subject to punishment), the person who has been subject to punishment, or the person who has been subject to the aggravated punishment

2. The major circumstances and motive leading to the commission of the crime, the means and method of the crime, the circumstances before and after the commission of the crime, and other circumstances.

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