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(영문) 대전지방법원 2014.10.13 2014고단1875
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

The defendant was living together with the victim C (nive, 18 years of age).

On May 10, 2014, at around 08:00, the Defendant 402 of the Daejeon Dong-gu D Building 402, which is one’s own residence, expressed the Defendant’s desire on the ground that the Defendant, who was the victim’s drinking, was the victim’s frighter and was the victim, and was able to take the victim’s head head, fright, body, etc. on the roof and open the victim’s face over the floor by putting the victim’s head, knife by hand, and putting the victim’s head, face, body, etc. on several occasions.

As a result, the defendant carried dangerous things with the victim for about seven weeks of medical treatment and the structural frame of the floor in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The standing part of the victim, and on-site photographs of the victim;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing):

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. In light of the fact that probation and community service order Article 62-2 of the Criminal Act imposed a serious injury on the victim for the reason of sentencing, the defendant's responsibility is more important.

I would like to say.

However, a judgment of probation shall be sentenced in consideration of the fact that the defendant agreed with the victim, the defendant has no specific power to commit a crime, and the defendant reflects the mistake, and probation and community service order shall be added.

It is so decided as per Disposition for the above reasons.

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