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(영문) 대전지방법원 천안지원 2013.10.10 2013고단1175
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

The defendant shall have one brine (Evidence No. 1) which has been seized from the defendant.

Reasons

Punishment of the crime

On June 5, 2013, at around 15:10 on June 15, 2013, the Defendant: (a) heard the horses from the victim D (nex, 76 years of age) in the south-gu, Dong-gu, Chungcheongnam-gu; and (b) brine of brin material, which is a dangerous object stored in the waste collection box for removal and removal; (c) 4 times the head of the victim; (d) brine of brin material (m, 7cm in width, m, mar No. 1); and (d) brine the victim’s face against the victim’s head on the part of the stairs mother, and (d) 3 times the victim’s face on drinking.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. On-site photographs, etc. and investigation reports (victim photographs);

1. Application of existing Acts and subordinate statutes of one brine (Evidence No. 1) that has been seized;

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. On July 27, 201, on the grounds of sentencing under Article 48(1)1 of the Confiscation Criminal Act, the defendant, who was sentenced to a suspended sentence of 4 months by force on July 27, 201, and was sentenced to a suspended sentence of 16 times in total due to the crime of the same kind of crime in the Daejeon District Court, and was sentenced to a suspended sentence of 16 times in total due to the crime of the same kind of crime in the instant case, has suffered bodily injury to the victim's head, which is a dangerous thing, and has not yet received a letter from the victim, it is inevitable to sentence the defendant as to his/her sentence.

However, in consideration of the fact that the defendant is deemed to have committed the instant crime by contingency while he/she has led to the confession of a crime and has failed to restrain appraisal, a sentence shall be sentenced to the lowest sentence after discretionary mitigation.

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