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(영문) 대전지방법원 천안지원 2015.01.16 2014고단1357
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

Criminal facts

The defendant is a security company's employee, and the victim C(18 years of age) is a high school student, and the defendant is a female-friendly male-child victim D.

At around 07:00 on June 24, 2014, the Defendant: (a) stated that the victim contacted D on the ground that the victim contacted D in front of the G convenience point located in the ambasi E, Asan City, the Defendant inflicted an injury on the victim, such as the victim’s head click, and the victim’s click, which is a dangerous thing left on the road after her blicked with the victim’s blick, and the victim’s click, one time after her blick with the victim’s blick, and one time after her head, the Defendant inflicted an injury on the victim, such as the removal of the bones bones, which requires three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Side photographs of an injury inflicted on the victim;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Probation and Social Service Order [Determination of Punishment] Violence. Type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodily Injury) (Special Bodily Injury): Reduction element: Imprisonment with prison labor for a year and six months to six years (general person in the sphere of recommendation): Gross length of imprisonment for a year and six years and six months (general person in the sphere of recommendation): Major negative factors factors: Where a person commits a crime by carrying dangerous things: Major positive factors factors: there is no serious reflect, or no criminal record of a suspended sentence [decision of a sentence of punishment] There is no serious reflect, the criteria for suspended sentence, and the victim who is a high school student, and repeatedly assault and assault the victim at a new time during the new wall time, and causing the injury as above.

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