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(영문) 대전지방법원 천안지원 2015.12.11 2015고단1314
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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 17:55 on April 16, 2015, the Defendant, at the rest room in the D factory located in Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, the Defendant: (a) caused the injury to the inner dump dump dump of steel materials (25 cm in length) in the industrial dump of steel materials (25 cm in length), which is a dangerous object in the front line; and (b) caused the injury, such as the inner dump dump dump, which requires treatment for about 21 days by walking inside the dump of the bridge.

Summary of Evidence

1. Defendant's legal statement;

1. Description of a written self-statement prepared by E;

1. Description of the written diagnosis of injury;

1. Application of Acts and subordinate statutes, such as photographs of the site and photographs of damaged parts;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. Type 1 (Habitual Injury, Bodi Bodily Injury and Special Bodily Injury) (Special Bodily Injury): Reduction element of punishment (a person who has been specially punished) reduction element of punishment (a decision on the recommended area), reduction area of punishment (a decision on the recommended area), period of one year and six months to two years and six months;

2. Determination of a sentence of punishment shall be made favorably by taking into account the following: (a) the fact that the defendant has been found to have made a mistake; (b) the accused has committed a contingent crime on the part of a victim who is more young than the accused; (c) the victim shall be paid three million won to the victim; and (d) the fact that there is no previous conviction or fine and no other force of punishment; and (c)

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