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(영문) 대전지방법원 2017.02.10 2015고합346
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 25, 2012, the Defendant: (a) received suspicion that he stolen the shot from the victim C (72 Does, n) who was living in the adjoining house on October 25, 2012; and (b) received suspicion that he stolen the shot.

"At the time of hearing the public bath," a picture has passed.

Accordingly, the Defendant found the victim who was working in the case of the victim in 15:00 on the same day, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, and he contracted the victim who was to die in the case of the victim in 15:00 on the same day.

The term "catherb" means "bating the victim's bat with defat and bating the kitchen knick, which is a dangerous thing in the inside with a bad hand."

In threatening the victim as a kne, the victim " knee knee knee knee kne kne kne kne."

As a result, the Defendant carried dangerous things with the victim and inflicted an injury on the victim, such as saved salt in need of treatment for about two weeks.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to report internal investigation (the content of phone A by a suspected person);

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. Scope of applicable sentences under law: Six months to five years; and

2. The sentencing criteria are not set for special injury crimes of the scope of recommended punishment according to the sentencing criteria.

3. Determination of sentence: Ten months of imprisonment with prison labor, two years of suspended sentence, the Defendant, carrying dangerous articles, and committing an injury to the victim; thus, in light of the method and result of the crime, the nature of the crime is not good, and the fact that the Defendant is unable to receive a letter from the injured person is disadvantageous to the Defendant.

However, the defendant has no criminal record of the same kind, and he is somewhat contingent under the influence of alcohol.

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