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(영문) 대전지방법원 2013.08.09 2013고단1751
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

On April 30, 2013, at around 21:50, the Defendant: (a) stated that D Apartment 306-dong 812, Daejeon-gu, Daejeon-gu, Daejeon-gu, C’s residence; (b) C’s son E (the age of 11); and (c) the Defendant, who performed drinking, stated, “I have to go back to her day, so far as I have dnishing, I have to do so”; (b) stated that “I have to do it. I have to do it. I have to do it. I have to do so. I have to do so. I have to do so. I have to do so. I have to do so. I have to do so. I have to say that I have to do so. I have to do so, on 14 days before the victim.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. C’s written statement statement statement E by the prosecution;

1. A written diagnosis of injury;

1. Application of the photographic Acts and subordinate statutes;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has already been punished several times. While the defendant has already been punished several times, he/she shall be sentenced to the punishment again without being well aware of the fact that he/she was under the period of probation, in particular, even though he/she had been under the period of probation, but he/she shall be sentenced to the punishment again for the crime of this case: Provided, That he/she shall be sentenced to the punishment as ordered by taking comprehensive account of the following factors: the defendant's wrongness and behavior, intelligence and environment, the defendant's age, character and behavior, intelligence and environment, motive

The facts charged as to assault among the facts charged in the instant case are as follows: the Defendant, around 18:00 on April 30, 2013, raised an objection against the other person while drinking alcohol in the neighboring park of Daejeon Seo-gu D apartment 301.

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