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(영문) 대전지방법원 서산지원 2015.04.29 2015고단115
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 became final and conclusive.

Reasons

Punishment of the crime

On September 26, 2014, around 00:40 on September 26, 2014, the Defendant, while drinking together with the victim E (the age of 42) in the D Center 301 located in the Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Incheon., D Center 301, and drinking together with the victim E (the age of 42). The Defendant, while doing a dispute with the victim and doing so, was hick-in disease, which is a dangerous thing at the same time, was humping back of the victim at one time, and

As a result, the defendant carried dangerous goods and carried them with the back head, the back head, and the head, etc. of the victim who could not know the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the interrogation of suspects of E;

1. Application of damaged photographs and on-site photographs 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The sentence of Article 62(1) of the Criminal Act shall be determined by comprehensively taking into account the following factors: (a) the mitigation area (one year and six months to six months), the mitigation area (including a person who has been specially mitigated), the punishment not having been granted (including a serious effort to recover damage), or a considerable partial damage (a decision on a sentence] the crime of taking back back head of the victim due to an illness which is a dangerous thing of the defendant is not good; (b) the victim is not able to punish the defendant; (c) the victim is not able to punish the defendant; (d) the victim is not able to punish the defendant; (d) there is no other criminal record other than the punishment by a fine in the year 201 and 206; and (e) the records and arguments of this case and all the other conditions of the sentencing specified in the order.

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