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(영문) 대전지방법원 서산지원 2015.06.04 2015고단146
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 December 22, 2014, at around 23:15, the Defendant: (a) took a hump pipe (7c meters in length, 4c meters in thickness) which is a dangerous object on the floor of a construction site located adjacent to the foregoing hump; (b) took a hump (7c meters in length, 4c meters in thickness) and took a hump, and took a hump hump and a hump humbing part of the victim’s left part and a hump by the hump.

이로써 피고인은 위험한 물건을 휴대하여 피해자에게 약 2주간의 치료가 필요한 귓바퀴의 열린상처 등의 상해를 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. On-site and victim E-mail photographs, suspect upper part of the body, and chain pipe photographs used for committing the crime;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] There is no basic area (two to four years) (two or more years) of the category 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury) (Special Bodi Bodi Bodi Bodily Injury) [Determination of Sentence] The defendant prices the victim's head by hack pipe and thereby the method of committing the crime was dangerous; the defendant's failure to reach an agreement with the victim is an unfavorable condition to the defendant; the defendant has yet been hicked; the defendant deposits 300,000 won for the victim; the suspension of indictment has not been taken once; and the defendant has no other criminal records other than the suspension of indictment has not been taken.

The records and arguments of this case, including the above circumstances, are shown.

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