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(영문) 대전지방법원 서산지원 2014.07.29 2014고단444
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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

[Criminal Power] On April 3, 2014, the Defendant was sentenced to one year to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., in the Seosan Branch of the Daejeon District Court, and the said judgment became final and conclusive on April 11, 2014.

【Criminal Facts】

On July 26, 2013, at around 17:00 on July 26, 2013, the Defendant, while drinking alcohol with the victim C (the age of 48) in the influorial fluor of a mountain beach located in the city of Taean-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and drinking alcohol with the victim C (the age of 48) on the ground that the victim was fluording in a packing in the fluor, while under the influence of alcohol, and fluoral disease, which is a dangerous object on the table, was fluorbing the victim’s head, and caused the fluoring of the victim’s hair by

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A register of diagnosis and treatment patients in the clinic;

1. Records before and after judgments: Criminal records, inquiry reports, investigation reports (Attachment to judgments, etc. on criminal records), judgments, summary orders, and application of Acts and subordinate statutes to the current status of personal identification and confinement;

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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act include all of the following factors: (a) the risk of causing serious injury to the victim to the victim’s head by a major illness, which is a dangerous thing of the defendant; (b) the criminal defendant is recognized to have been subject to a suspended sentence of imprisonment for the same kind of crime; (c) the degree of injury suffered by the victim is not obvious; (d) the defendant’s appeal is withdrawn; and (e) the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. of Specific Crimes and the crime of violation of the judgment at the same time.

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