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(영문) 대전지방법원 천안지원 2015.12.11 2015고단1036
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 becomes final and conclusive.

Reasons

Punishment of the crime

around 01:00 on May 28, 2014, the Defendant’s name was “F” at the second floor D shop in Asan-si, Asan-si, Seoul-si, and the victim E’s resident registration certificate is “F.”

(54 years of age and drinking, and the victim spawned on the left side of the victim on the ground that the victim is a dangerous object on his/her own because he/she is a bad person. The victim spawned the part on the left side of the victim once, and caused the victim to undergo approximately one week medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding E;

1. Statement prepared by G;

1. Statement of a report on investigation (Attachment to medical certificate, etc.);

1. Application of statutes on images of on-site photographs;

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 consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Type 1 (Habitual Injury, Bodi Bodily Injury and Special Bodily Injury) (Special Bodily Injury): Reduction element of punishment (a person who has been specially punished) reduction element of punishment (a decision on the recommended area), reduction area of punishment (a decision on the recommended area), period of one year and six months to two years and six months;

2. The fact that the defendant who was sentenced to the sentence has inflicted an injury upon the victim as a dangerous thing is disadvantageous to him.

However, in light of the favorable circumstances, such as the fact that the defendant was found to have committed a crime by contingency under the influence of alcohol, the degree of injury of the victim is not large, the victim's payment of 50,000 won to the victim, and the fact that there is no previous conviction or punishment for the same kind of crime, the execution of punishment shall be suspended.

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