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(영문) 대전지방법원 천안지원 2013.06.27 2013고단415
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 03:30 on January 31, 2013, the Defendant had danced at D clubs located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, where the victim E (the age of 23) and Si expenses came out of the club and went out of the club, and went out of the club, and went out the part of the victim's entrance to his head, and booms the victim's right shoulder and shoulder, which is a dangerous object (the total length of 85 cm, the daily length of 39 cm).

As a result, the Defendant carried dangerous things and carried them for about three weeks to give medical treatment to the victim, resulting in the stop fever and the stoke part of the lower sale.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the interrogation of suspects of E (including F part concerning the statement);

1. A written diagnosis of injury;

1. Application of the photographic Acts and subordinate statutes;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 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. Reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following reasons 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, special injury [Special Contributor] - In cases where the victim also has considerable responsibility for the occurrence of a crime or the expansion of damage: In cases where the victim is also responsible for the occurrence of a crime or for the expansion of damage (including serious efforts to recover damage) or considerable damage, [decision on the area of recommendation] Special Mitigation [Scope of Recommendation] from September to February 6 [Scope of Recommendation] from September to February 9] Special Mitigation Area [Scope of Recommendation] - There is no serious reflect or criminal punishment [Scope of Punishment]: applicable provisions of applicable Acts: Three years: [Suspension of sentence] - Where the victim commits a crime with a deadly weapon or any other dangerous article, the major reason for mitigation or expansion of damage is considerably responsible for the victim.

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