(영문) 대전지방법원 천안지원 2016.04.29 2015고단2191

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(영문) 대전지방법원 천안지원 2016.04.29 2015고단2191

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for one year.

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

around 06:00 on October 10, 2015, the Defendant inflicted injury on the victim, i.e., the victim E (24 years of age) and drinking in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-si, on the part of the Defendant: (a) the victim scleeped his knife with his knife with his knife with his knife at one time; (b) the knife with his knife with his knife at one time; and (c) the knife with the head of the victim at one time; and (d) the knife with the knife with the knife, which is a dangerous object, caused the victim to undergo approximately four weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 258-2 (1) and Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] Habitual injury, repeated crime injury, and special injury to each victim (Habitual injury, repeated crime and special injury) : (i) mitigation area (one to two years and six months); (ii) punishment is not imposed (including a serious effort to recover damage) or considerable damage is restored [the decision of sentence]; (iii) the defendant was faced with a shoulder and was at a disadvantage that the victim suffered injury; (iv) the defendant was at the time of committing the crime; (v) the defendant was at the time of committing the crime and paid 15 million won by agreement with the victim; (v) the victim did not want the punishment of the defendant; (v) the victim was at the time of assault with the victim and the victim of sexual appearance; and (v) the order of the punishment of this case is determined to the extent that the victim did not have suffered any injury in the course of his/her injuries favorable to the victim of sexual assault; and (v) the order of the punishment of this case is determined to the extent of the injury.

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