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(영문) 대전지방법원 논산지원 2014.01.07 2013고단405
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2. Provided, That the above sentence shall be executed for three years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

At around 23:00 on September 13, 2013, the Defendant discovered that the victim E (V, South and 45 years old) was under influence of alcohol on the road in front of the D cafeteria located in Seosan City, and the victim said that “I will come up at the front time of the birth, and I will come up, here, if I will come up, I will come up at the front time,” but rather, on the ground that I would have obsing from the victim, I would like to gather each item, which is a dangerous object in the surroundings, and blick back the victim's head once, and caused the victim's injury, such as thale, which requires treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement regarding E;

1. Application of Acts and subordinate statutes to descriptions or images of the damaged scene and dangerous objects or written diagnosis of injury;

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) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of penalty: Imprisonment with prison labor for not less than one year and six months to 15 years (Discretionary mitigation);

2. The sentencing guidelines [Determination of types] the group of violent crimes, the group of repeated injury, the group of special injury by repeated injury (the scope of recommending punishment): Reduction area: Imprisonment with prison labor for a year and six months from June to June, and special mitigation factors: None of the special aggravation factors:

3. Determination of sentence: Imprisonment with prison labor for one and half years; and

4. Whether to suspend the execution: 3 years of the suspension of the execution [main reasons for the suspension of the execution] : There are circumstances in which some of the motive for the crime is to be taken into account, and the negative result of the crime committed with dangerous articles (general reason for the crime): positive crimes: There is no contingent crime, serious reflective crime: [comprehensive comparative assessment] comprehensive consideration of the main reasons for the crime as mentioned above, the reasons for general reference, and all the circumstances shown in the arguments in this case, the suspension of the execution of imprisonment with prison labor accompanied with probation, such as the order,

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