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(영문) 대전지방법원 천안지원 2015.11.20 2015고단1621
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 27, 2015, around the D 00:01 on August 27, 2015, the Defendant: (a) around the D restaurant located in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu; (b) on the ground that the victim E (27 years of age) and the victim F (27 years of age) meet themselves; (c) was placed in the right side of the victim E, when the victim E’s head and left part elbbbbbbbbing, and the victim F bucks down the victim E’s right side due to the three-dimensional elbbbbing, which is a dangerous thing in the bank; and (d) the victim E was inflicted on the right side where the treatment for about 14 days is required; and (e) the victim F.

Summary of Evidence

1. Defendant's legal statement;

1. Descriptions of each self-statement prepared by E, F and G;

1. Description of each injury diagnosis letter;

1. Application of the video Acts and subordinate statutes to each victim photograph;

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. 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;

1. Application of the sentencing criteria;

(a) Type 1 (Habitual Injury, Bodily Injury, Bodily Injury), and Special Injury (Special Bodily Injury) in Violation of the Punishment of Violences, etc. Act (Determination of Punishment of Violences, etc.) (Aggravated Injury, Bodily Injury, Bodily Injury and Special Bodily Injury): Reduction element - Reduction element (Decision on the area of recommendation), reduction area, reduction area of punishment [Decision on the area of recommendation], one year and six months to two years and six months;

(b) Final sentence scope according to the standards for handling multiple crimes: Imprisonment with prison labor for a year and six months to three years;

2. The circumstances are that the defendant, having the same criminal record as the sentencing decision, inflicted an injury on the victims by using dangerous articles are disadvantageous.

However, there are favorable circumstances such as the fact that the defendant's mistake is recognized, the victims are not many, the victims are paid a total of 6 million won, the victims have agreed to pay a total of 6 million won, and the fact that only the defendant has the penalty power. Therefore, the punishment shall be determined by taking this into account.

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