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(영문) 대전지방법원 공주지원 2014.06.13 2014고단37
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the defendant shall be sentenced to the above punishment for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 00:30 on January 3, 2014, the Defendant, along with the victim D (at 42 years of age), who was a woman living together with the Defendant (at 00:30 on May 3, 2014), had the victim drinked with drinking alcohol on the ground that the victim had neglected his/her horse and her horse tending, and had the head of the victim her child her child her child her child her child her child her child her child her child her child her child her child her child her child her child, and had the victim injured the victim, such as the em

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to a photograph explanation (a photograph of damaged part of the complainantD);

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 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the accused among the following reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (i.e., circumstances favorable to the defendant among the following reasons for sentencing);

1. Application of the standard for sentencing [Scope of Recommendation] Scope of the standard for sentencing: Imprisonment with prison labor for a year and six months to two years and six months, respectively; and

2. Determination of sentence - One year and six months of imprisonment, and two years of suspended execution, the Defendant committed the instant crime against the victim despite the past criminal conviction.

However, the sentence was determined as above in consideration of the fact that the victim wanted to the effect that he does not want criminal punishment of the defendant, the fact that the defendant is led to confession and reflect on the crime of this case, and the motive leading up to the crime of this case, the age of the defendant, the relationship between the defendant and the victim, etc.

(b) on the basis of this paragraph.

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