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(영문) 대전지방법원 서산지원 2016.01.28 2015고단832
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 5, 2015, the Defendant: (a) from the Victim F (58 years of age) who performed alcoholic beverages together, at the E Note 2 Station located in Seosan-si, Seosan-si; and (b) from the Victim F (58 years of age) who performed alcoholic beverages.

Flusura is a punishment.

“Along with the end of the statement, Mail, which is a dangerous object on the customer at the same place, was collected in the victim’s math, and was on the part of the damaged victim’s laveri, and the victim was on approximately two weeks of a laveri, and was on the part of the damaged person’s laveri for approximately two weeks of treatment, and was on the part of the damaged party’s lavery and in the heart (6 cm) and on the part of the part of this end (4 cm joints).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police in relation to F;

1. On-site photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act is that the defendant was at risk of committing the crime by taking the beer and beer disease, which is a dangerous thing, toward the victim’s face face. It is an unfavorable circumstance to the defendant. The defendant agreed with the victim, the defendant is friendly between the victim and the injured person, and the victim was not at the risk of serious injury. Since 2002, the defendant has no criminal record of being punished for violence-related crimes.

In addition to the above circumstances, the sentence like the order shall be determined by comprehensively taking into account all the sentencing conditions shown in the records and arguments of this case.

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