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(영문) 대전지방법원 천안지원 2013.04.11 2013고단43
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 10, 2012, around 02:30 on October 10, 2012, the Defendant collected a brick (ro 6cm, vertical 14cm) which is a dangerous object on the street, and collected a brick (ro 16cm, vertical 14cm) which is a dangerous object on the street, on the ground that the victim made a speech about 30 years of age in front of the citizen center in the New-dong-dong, Chungcheongnam-gu, Chungcheongnam-gu, Dong-gu and brought about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning suspect interrogation of C;

1. A criminal investigation report (Attachment, etc. of a medical opinion);

1. Application of Acts and subordinate statutes to the scene, part of damage, and photograph of criminal implements;

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) of the Criminal Act for discretionary mitigation (see, e.g., Articles 53 and 55(1)

1. Reasons for the sentencing of Article 62(1) of the Criminal Act (hereinafter referred to as the grounds for sentencing) of the Suspension of Execution [Determination of Punishment] Violence: In cases of habitual injury, repeated injury, special injury resulting from repeated injury, repeated crime, injury resulting from special injury [Special Convict] - mitigated element: In cases of minor injury, not having been punished (including efforts to recover damage), or where considerable damage was restored to a certain part of damage (the determination of the recommended area] Special Mitigation Area / [the scope of the recommended area] September through February 6 [the scope of the special mitigation area] - Instrut half [the scope of the punishment] applicable provisions: 3(1) and 2(1)3: Suspension of sentence [the scope of sentence]: Three years or more; - Major writing reasons for punishment (including pride): Minor injury, damage not having been punished (including a serious effort to recover damage): Imprisonment with prison labor for a period of two years or more; 1.6 years or more;

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