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(영문) 대전지방법원 2015.04.17 2015고단127
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

At around 17:50 on October 28, 2014, the Defendant: (a) fluened the victim E (the 55-year old-old-gu) who is a workplace partner at the D restaurant located in Seo-gu Daejeon, Daejeon, on the ground that the Defendant was fluencing, and fluencing the victim’s head under the influence of alcohol on the ground that she was influencing; (b) fluencing the victim’s face; (c) fluencing the victim’s head on one occasion; and (d) continuously fluencing the victim’s face at several times, the Defendant inflicted injury on the victim, i.e., cutting the inside and the floor that require four weeks of medical treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes to photographs;

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. Article 62 (1) of the Criminal Act;

4. Reasons for sentencing under Article 62-2 of the Criminal Act of the Probation and Social Service Order [Determination of Punishment] Violence: Type 1 (Habitual Injury, Bodi Bodi Bodi Bodily Injury), In the event that considerable damage to the mitigation element is recovered [the scope of recommending punishment] 1 year and six months to two years (limited to suspension of execution of sentence] - In the case of lack of negative social relation - lack of negative social relation - deposit amount equivalent to the positive reflective social relation - deposit amount [decision of sentence] amount equivalent to the positive reflective social relation : The violent nature of the crime, such as the defendant's response to the victim's head, has been seriously affected by the victim's wife, and there is a need for strict punishment as the victim's wife has been punished several times due to the same kind of punishment.

However, it seems that the defendant has committed all crimes, is in depth and reflects the depth, and is somewhat contingent, and the victim's injury is the victim.

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