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(영문) 대전지방법원 공주지원 2015.11.27 2015고단293
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 20:50 on July 3, 2015, the Defendant, while drinking alcohol together with the victim, breading the victim under the influence of alcohol while taking alcohol with the victim, breading the victim, and bread the victim’s own floor, breadding down the fraud, which is a dangerous thing on the victim’s own floor, and breadd the victim’s right side, led the victim to approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Each written diagnosis and written request for entrustment;

1. Records of seizure and the list of seizure;

1. On-site photographs, photographs explanation-crimes and photographs of the body and photographs of the body and photographs of the victim in the hands of the suspect;

1. Application of Acts and subordinate statutes on investigation reporting;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da1448, Apr. 2

1. The defendant and his defense counsel asserted that the defendant and his defense counsel had a state of mental disability under Article 62(1) of the Criminal Act (see, e.g., circumstances favorable to the defendant among the reasons for sentencing).

According to the evidence, it seems that the defendant was under the influence of alcohol to a certain extent at the time of the crime of this case. However, such circumstance alone is insufficient to deem that the defendant was under the influence of alcohol at the time to change things or lack the ability to make decisions, and there is no other evidence to acknowledge it.

Therefore, the above assertion by the defendant and the defense counsel is without merit.

Reasons for sentencing

1. Application of the standard for sentencing [Scope of Recommendation] : Type 1 (Habitual Injury, Bodily Injury, Special Bodily Injury) (Aggravated Bodily Injury, Aggravated Bodily Injury) (Aggravated Bodily Injury, Aggravated Bodily Injury) (Aggravated Contributor), the area of mitigation (Aggravated one year and six months to two years), the area of punishment not (including a serious effort to recover damage) or considerable part.

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