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(영문) 대전지방법원 서산지원 2014.08.21 2014고단423
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 03:10 on March 24, 2014, the Defendant: “E” pented the victim F(55 years of age) and her personal life while making a conversation with the victim F(55 years of age) at the Seosan-si 1 room; “In the course of making a conversation with the human life of the victim, the Defendant: (a) taken a different fluoral disease without any particular reason; (b) taken a different fluoral disease; (c) fluoral disease with another fluoral disease; and (d) fluoral disease with another fluoral disease, which is a dangerous object, cut the victim’s head at one time after leaving the fluoral disease into the floor; and (d) fluoral disease, which is a dangerous object, cut the victim’s flue at the number of days of treatment, flud in the fluoral and fluoral part of the body.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to F and G by the police;

1. Application of Acts and subordinate statutes on the scene of the case and injury;

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 the sentencing of Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The sentence of Article 62(1) of the Criminal Act is as follows: (a) the mitigated area (one year and six months to two months) (special mitigation), the mitigated area (including a person who has been habitually injured, repeated crime, and special injury); (b) the method of the criminal act of the defendant was dangerous; (c) the defendant was not subject to punishment due to violence-related crimes; (d) there was no criminal conviction; (e) the injury of the victim was not significant; and (e) the defendant agreed with the victim; and (e) the various sentencing conditions specified in the records and arguments of the case including the agreement of the victim.

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