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(영문) 대전지방법원 천안지원 2015.10.16 2015고단1454
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 14, 2015, the Defendant: (a) around 03:30 on April 14, 2015, at e-sing practice room operated by the victim D (year 54) located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu; (b) at the time of calculating the drinking value, the Defendant took the face and face of the victim D, etc. due to drinking and sprinking, and was collected to the victim D, which is a dangerous object, and the victim F (year 42) was f (old) at the time of the above assault, f (age 42) at two times with the victim’s face by drinking, drinking, and f (age 42) at the victim’s fat, fating the victim’s face, which is a dangerous object, was frighting the victim’s F.

As a result, the defendant carried dangerous objects with the victim D, put about about 10 days of medical treatment to the victim D, and assaulted the victim F.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of F in a police suspect interrogation protocol;

1. Statement made by the police on D;

1. Description of the written diagnosis of injury;

1. Application of video Acts and subordinate statutes to on-site photographs, damaged photographs, and criminal tools photographs;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act (the occupation of inflicting an injury on carrying a dangerous object), Articles 261 and 260 (1) of the Criminal Act (the occupation of special assault and the choice of

1. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act [ within the scope of the sum of the long-term punishments of crimes in violation of the Punishment of Violences, etc. which are heavier than punishment and the injury by a deadly weapon, etc.]

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 on orders to provide community service and attend lectures;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months from June to June 17 months; and

2. The application of the sentencing criteria.

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