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(영문) 대전지방법원 논산지원 2015.11.17 2015고단456
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 12, 2015, the Defendant: (a) around 23:30, 2015, at Estetex Factory cafeteria, YEMT 75, YEA, the stetex 53-gil, S., the stetex 53-gil, the stek-ro, the stek-ro, the steg-ro, the steg-ro, the steg-ro, the steg-ro, the steg-ro, the steg-car, the steg-ro, the steg-ro, the steg-ro, the steg-ro, the steg-ro, the steg-ro, the steg-ro, the steg-ro, the steg-ro, the steg-ro, the steg-roged part of the steg-ro kn.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. On-site photographs, and photographs of suspect chests;

1. Investigation report prepared by the police (knick blades) and photographs accompanying such report;

1. Investigation reports (investigation into the upper part) prepared by the police, and the application of the Acts and subordinate statutes to the upper part of the victim's body photograph, the injury diagnosis report, and the entrustment reply letter prepared by the police;

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;

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Recommendations based on sentencing standards;

(a) Type I (one year and six months to two years), the mitigated area (one year and six months) of habitual injury, repeated injury, special injury or injury;

(b) No person subject to special mitigation;

2. The defendant who is sentenced to a sentence shall not be considered to be less severe in the nature of the crime, such as displaying the knife knife and causing a relatively serious injury to the victim, as stated in his/her reasoning;

However, the fact that the defendant is prognating the crime in depth, and the above crime has occurred by chance.

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