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(영문) 대전지방법원 홍성지원 2015.12.09 2015고단749
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 06:00 on May 29, 2015, the Defendant discovered the Victim G (57 years of age) who was in front of the F convenience store in the same military E, and discovered the Victim G (57 years of age) before the F convenience store in the same military E, and the Defendant continued to remove the Victim’s head on one occasion in front of the victim’s left face, one time in front of the victim’s head, and three times in front of the left side of the back, three times in front of the driver’s length, three times in front of the head, one time in front of the victim’s head, one time in front of the victim’s head, and another six times in front of the victim’s head, and one consecutive in front of the victim’s head, one time in front of the container.

As a result, the defendant carried dangerous articles and inflicted injury on the victim, such as 4, 5, 6 cage cages at the left-hand side in need of treatment for about 28 days.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Legal statement of witness G;

1. A written diagnosis of injury;

1. Application of the CD-related Acts and subordinate statutes that have copied the assault paper recorded in CCTV;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Determination of the type of punishment under Article 62-2 of the Criminal Act on probation and community service order [the scope of punishment under law] : Imprisonment with prison labor for not less than one year and six months but not more than 15 years (Application of sentencing guidelines]: violent crimes, habitual injury, repeated injury, special injury, and Type 1 (Special Bodily Injury): The area of recommendation and the scope of recommendation: The area of mitigation, the area of imprisonment with prison labor for not less than one year and six months, but not more than two years and six months (decision of sentence) and the period of suspension of execution for three years.

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