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(영문) 대전지방법원 논산지원 2015.09.18 2015고단312
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 April 16, 2015, the Defendant: (a) around 19:25 on April 16, 2015, on the ground that the victim, while drinking the victim E (year 53) and drinking alcohol within the boundary of the trade name “D” located in Chungcheongnam-gun, Chungcheongnam-gun, said victim, who was under drinking the local vessel F, expressed the victim’s desire to do so; (b) on the ground of beer’s disease, which is a dangerous object on the table, the victim was flicked one time, thereby causing an injury to the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Application of statutes on site 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. 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 has been sentenced to punishment seems to have committed a contingent crime under the influence of drinking, the crime is divided, led to confession, agreed with the victim, and the victim does not want to be punished by the defendant. The defendant has no criminal punishment so far, and other circumstances shown in the arguments in this case, such as the defendant's age, character and conduct, environment, etc., shall be determined as ordered by taking into account all the circumstances shown in the arguments in this case.

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