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(영문) 대전지방법원 2015.09.09 2015고단2107
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

Punishment of the crime

1. Around 01:50 on January 30, 2014, the Defendant, in violation of the Punishment of Violences, etc. Act (a collective injury by a deadly weapon, etc.), carried out an injury to the victim E (the age of 47) in a D restaurant located under the Dong-gu Daejeon-gu Daejeon, Daejeon as well as drinking alcohol together with the victim E (the age of 47) who was in a dispute, and collected beer disease, which is a dangerous thing on his/her customer, and inflicted an injury on the victim by taking the head of the victim and taking about three weeks of treatment.

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

2. On January 30, 2014, the injured Defendant: (a) around 01:50, at the D restaurant operated by the Victim F (F, 52 years of age) located under the Dong-gu Daejeon Daejeon-gu, Daejeon-gu, the victim reported to 119, and (b) led the defective victim to the victim's head knife, knife the victim's head knife, knife the victim's head knife; and (c) caused the victim from walking the victim's chest, knife, and knife the knife's head knife that requires approximately one week of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A written statement of the status, part of the victim and on-site photographs;

1. Investigation report (the details of the direction of the prosecutor);

1. Application of Acts and subordinate statutes to the result of execution of a warrant for search, seizure, and verification (E diagnosis and medical feet);

1. Relevant provisions of Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 257 (1) of the Criminal Act (the point of carrying a deadly weapon and causing bodily injury) and the choice of imprisonment (the point of injury);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason reflects on sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, agreement with some victims (F) (contributed circumstances), method and content of the crime, etc. is not good. In light of the fact that the nature of the crime is not good, the majority of victims, partial injury victims (unrepared circumstances) and the scope of the recommended sentence according to such circumstances and the sentencing guidelines [the scope of the recommended sentence of basic crimes subject to the application standards for multiple crimes (type 1 of special injury).

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