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(영문) 대전지방법원 홍성지원 2015.03.18 2015고단33
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

At around 01:40 on December 8, 2014, the Defendant made a statement as to the Defendant’s disregarding the Defendant on the ground that the Defendant appeared to disregarding the Defendant due to the fact that the Defendant had been in China while drinking alcohol together with the Victim D (33 years old) that he had been aware of in the Human Resources Office, and the Defendant had been working for the Defendant with his own car.

During that process, the Defendant listened to the bath from the victim, dumpededed with flap, and flapeded with the Defendant’s residence, and 102, and flapeded with a kitchen, which is a deadly weapon, and flaped with a kitchen, and flaped with a kitchen, which was being used in a bad hand, flap on the left side of the victim, and continuously flaped with the same kitchen flap on the left side of the victim.

As a result, the defendant carried a deadly weapon with a deadly weapon and carried about about 21 days of treatment to the left side wall, which requires treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A medical certificate of injury, and a written opinion;

1. The application of relevant photographs, photographs and photographs taken by E hospital to the damaged part of the victim's investigation;

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. Determination of the type of sentencing [applicable in accordance with the sentencing guidelines] under Article 62(1) of the Criminal Act (amended by Act No.62(1) of the suspended sentence (amended by Presidential Decree No.62(1) of the same Act), between one year and six months, and not more than seven years and six months (applicable in accordance with the sentencing guidelines): violent crimes, habitual injury, repeated injury, special injury, Type 1: Incriminator: Inception area of punishment, the recommended area of self-denunciation (reduction factors) and the recommended range of punishment: the reduced area; the reduced area of imprisonment with prison labor for not less than nine months but not more than two years and six months (at least two specially mitigated persons exist, the lower limit of the sentence shall be mitigated by not less than one half): Imprisonment with prison labor for not less

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