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(영문) 대전지방법원 서산지원 2014.12.18 2014고단861
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

On June 9, 2014, around 00:01, the Defendant: (a) went against the victim E (the age of 36) who flicked from the main point of “D” located in Seosan City, and was in a trial, and (b) went into dispute; (c) the victim was “licking” and the victim was “licking,” and (d) the head of the victim was flicking one time, which is an object dangerous to brick, and (e) the victim’s face was 15 days in drinking.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim;

1. Application of an injury diagnosis certificate, on-site, and statutes governing damaged photographs;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The sentence of Article 62(1) of the Criminal Act is as follows: (a) the mitigated area (one year and six months to two years) (special mitigation), the mitigated area (including a person who has been habitually injured, repeated crime, and special injury) (one year and six years to six months), or where considerable damage was restored (a decision of sentencing was somewhat dangerous; (b) the defendant was aware that the method of committing the crime was somewhat dangerous; (c) the defendant agreed voluntarily with the victim; and (d) the injury suffered by the victim was not much serious; and (e) the same sentence as the order is determined by comprehensively taking into account all the sentencing conditions

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