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(영문) 대전지방법원 논산지원 2013.11.19 2013고단282
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

1. The defendant shall be punished by imprisonment for two years;

2. Provided, That the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

At around 11:00 on June 19, 2013, the Defendant: “D Real Estate” located in Seosan-si C, and, on the ground that the victim E (Nam and 68 years of age) made the victim’s speech to the effect that he would ignore himself, the Defendant inflicted bodily injury on the victim, such as the two or three parts of the victim’s head, and the victim’s head was 2 to three times, thereby causing approximately five weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made by the police officer in relation to E and F;

1. Application of a written opinion, hospital records, and description of field photographs, or any video statute;

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. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of penalty: Imprisonment with prison labor for not less than one year and six months to 15 years (Discretionary mitigation);

2. The basic area of the sentencing guidelines [decision of types of punishment] the group of violent crimes, the group of repeated injury, the group of special injury resulting from repeated injury (the scope of recommending punishment]: Imprisonment with prison labor for not less than two years to four years: In cases of special mitigation factors: serious injury.

3. Determination of sentence: Imprisonment for 2 years; and

4. Whether to suspend the execution: A person shall be sentenced to the suspension of the execution of imprisonment with prison labor accompanied by probation within the scope of the recommendation, by comprehensively taking into account the main reasons as seen earlier, the reason for the general participation, and all the circumstances shown in the arguments in this case, as a whole, that there is no history of criminal punishment for three years (the main reason for the suspension of the execution): a person who has no record of criminal punishment; a person who has committed a dangerous act; a person who has serious injury (the reason for general participation): a person who has committed a dangerous act; a person who has committed a serious injury; a person who has no negative effect

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