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(영문) 대전지방법원 논산지원 2016.01.05 2015고단535
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 8, 2015, the Defendant: (a) had been drinking together with the victim E (58 tax) and had been suffering from an injury to the victim, such as completing a part of the right-hand therapy, which requires approximately two weeks of medical treatment. (b) On August 8, 2015, the Defendant, while drinking together with the victim E (58 tax), had been suffering from a crypt, which is a dangerous object on the part of the cryr, and had been collected toward the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of photograph and commission;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act concerning a crime;

2. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

3. Article 62 (1) of the Criminal Act on the suspension of execution;

4. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, Order to attend a lecture, Order to provide community service, and Order to Observe Protection.

1. Recommendations based on sentencing standards;

(a) Class 1 (Special Injury to Habitual Injury) of the Act on Special Injury to Habitual Injury, the scope of the recommended punishment, and the mitigated area (one year or six months from June to June);

(b) No punishment for special mitigation is imposed;

2. The decision of sentencing has been made by the defendant who has committed a crime committed and led to an agreement with the victim, and the victim does not want the punishment of the defendant, and the defendant has been sentenced several times, but has not been punished as violent crimes, and there is no criminal conviction or more than suspended execution, and other circumstances shown in the arguments of this case, including the defendant's age, sex, environment, etc., shall be determined as ordered by taking into account the following circumstances:

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