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(영문) 대전지방법원 서산지원 2014.05.22 2013고단976
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 July 10, 2013, the Defendant: (a) 22:15 on July 10, 2013, while taking a ceremony at a D restaurant located in Seosan-si C, and (b) took a dispute with the victim E (33 years of age) and the victim, who was in danger of being put on the table table, got the victim into the wall and got the part of the wall and the part of the shoulder-in small-scale bottle, which is fit for the wall and the part of the victim's left shoulder, led the victim to approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F, G, and E;

1. On-site and victim photographs;

1. Application of Acts and subordinate statutes to a certificate of injury and a copy of medical records;

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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant was a victim's illness, and the victim could have been seriously injured. However, the defendant was found to have committed the crime of this case in a contingent manner, agreed with the victim, and there was no special criminal record other than the defendant sentenced three times, and the motive and circumstance of the crime of this case, circumstances after the crime, sentencing guidelines (the recommended sentencing of the special injury mitigation section: 1 year and June 2 year to June 6) shall be determined by comprehensively taking into account all the factors indicated in the records and arguments of this case, including the motive and circumstance of the crime of this case, circumstances after the crime, sentencing guidelines (the recommended sentencing of the special injury mitigation section

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