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Reasons
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(영문) 대전지방법원 천안지원 2015.02.13 2014고단1591
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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A defendant shall be punished by imprisonment for two years.

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, as a relative with the victim C(77 years of age) and the victim was doubtful that the victim was in in incompetence with the denial of the defendant, and there have been many disputes over the denial of the defendant, and considering that the relationship with the denial of the defendant was caused by the victim's region, and that the victim was faced with it, the defendant would be subject to the victim's reasons to ask the victim by taking into account.

At around 10:00 on July 5, 2014, the Defendant: (a) brought the victim’s chest at the Seo-gu, Seojin-ro, 858 Yang-ro, at the back hole of the Seo-gu, 858 Yang Elementary School; (b) brought about a talk, and (c) brought about the victim’s flick, “I am flurd and flurd several times, and the width flurd, but I am flurd, while I am flurd.” The Defendant flurd the Defendant’s flurg, which is dangerous in the vehicle extension line of the Defendant parked in the vicinity of the place, brought about the victim’s chest at one time, and brought about the victim’s flurg, who is an injury to the victim, such as an open NOS, which requires approximately three weeks of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and D;

1. Police seizure records (3 pages of investigation records);

1. Each statement of opinion;

1. Application of the Acts and subordinate statutes to photograph the body of the victim, the body of the victim, and clothes of clothes;

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 extenuating circumstances among the reasons for sentencing);

1. Probation under Article 62-2 of the Criminal Act;

1. The crime of this case is committed using dangerous articles with reason for sentencing under Article 48(1)1 of the Criminal Act.

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