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(영문) 대전지방법원 2015.05.28 2015고단823
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The defendant is a person who operated the automobile industry with the victim C (35 years of age) while running the towing vehicle business.

On June 11, 2014, the Defendant: (a) around 21:00, at the Embresh restaurant located adjacent to Daejeon Embregu, Daejeon, he drinked with the victim, and (b) was under the influence of alcohol, the Defendant: (c) stated, “hump de de fe de fe de feen feen feen feen feen feen feen feen feen feen feen feen feen feen feen feen feen feen feen feen feen feen feen feen feen feen feen feen feen feen feen feen feen feen feen.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Evidential materials-application of Acts and subordinate statutes of the injury diagnosis report;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and 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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [Scope of recommending punishment] The following shall be taken into account all the conditions for sentencing, such as violent crime group, violent crime group, habitual injury group, repeated crime injury, special injury (type 1), basic area, two years to four years of imprisonment [decision of sentence] and seven years of fine (decision of sentence] reflects his/her mistake; efforts to recover damage (deposit of KRW 4.5 million) are made by the defendant; motive and circumstance leading to the crime; the defendant's age, occupation and behavior environment;

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