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(영문) 대전지방법원 논산지원 2015.10.20 2015고단519
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

The defendant and the victim C(19 years of age) are between the ex post facto marriage.

At around 02:40 on August 8, 2015, the Defendant expressed the victim’s desire to “E”, i.e., her clicked in the singing room, and her clicked himself/herself, which is “I am any longer flick. I am. I am. I am. I am. I am. I am. I am the victim’s left head part and am. I am. I am about three weeks of treatment. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes on the medical certificate of injury, and photographs of victims;

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 fact that the defendant in the decision of sentencing has divided and led to the confession of the offense, the victim agreed with the victim, the defendant does not want the punishment of the defendant, the defendant does not have any other criminal punishment except that sentenced once a fine due to drinking driving, the social relation is obvious, and other circumstances shown in the arguments of this case, such as the defendant's age, character and behavior, character and environment, shall be determined as ordered by considering the whole circumstances shown in the arguments of this case.

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