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(영문) 대전지방법원 천안지원 2015.07.07 2015고단835
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 22:10 on May 14, 2015, the Defendant: (a) deemed the victim E (the age of 56) who was drinking alcoholic beverages on the side table table, while drinking alcoholic beverages at Asan City “D (the age of 56)” while drinking alcoholic beverages; (b) however, the Defendant refused it by the victim, on the ground of beer’s disease, which is a dangerous object on the table of the table, brought about the victim one time to the head of the victim and brought about a cerebrum that requires approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol of the police officer;

1. Application of Acts and subordinate statutes to on-site photographs and death diagnoses;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Sentence I (Habitual Injury, Bodi Bodily Injury, Bodily Injury, and Special Injury) in the mitigated area (one year and six months to two years) (one year and six months), shall not be punished;

2. In full view of the circumstances seen earlier prior to the decision of sentence, and the fact that there exists no record of criminal punishment exceeding the fine for the last twenty years, the circumstances leading to the commission of the crime, the means and methods thereof, the circumstances before and after the commission of the crime, and other various circumstances, such as the defendant’s age, character and conduct, career, environment, etc., as shown in the pleading

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