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(영문) 대전지방법원 천안지원 2013.08.29 2013고단794
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

except that 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

At around 02:00 on June 13, 2012, the Defendant heard the horses to the effect that “the Defendant would be hedging with the Defendant and her victim,” while drinking alcohol together with the Victim D (24 years of age) and the Defendant’s female-friendly job offers E, and left the wall on the wall on the ground of a fluor’s disease in the place, and left the wall on the wall, then the Defendant left the part of the victim’s left face one time, which is a dangerous object, and left the face requiring approximately two weeks of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to an injury diagnosis report and investigation report (the counter-investigation of the injury of a complainant D) (the counter-investigation of the victim D);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. According to Article 62(1) of the Act on the Suspension of Execution, the method of committing the crime of sentencing is very dangerous as a shouldered major soldier, and in light of the degree and degree of the injury suffered by the victim, the nature of the crime is very poor, but the defendant confessions the facts of the crime, appears to have reached an contingent crime, and only agreed with the victim. In light of the fact that there is no same kind of criminal history, the sentence shall be mitigated, and the execution of the sentence shall be suspended at the same time.

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