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(영문) 대전지방법원 천안지원 2013.04.25 2013고단231
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 became final and conclusive.

Reasons

Punishment of the crime

At around 16:00 on December 14, 2012, the Defendant collected tin plates (a 35cm, 200cm, e.g., the length 20cm), which are dangerous objects in front of a container office at the construction site, and laid down tin plates (a 35cm, 20cm) from the victim’s right side face.

As a result, the defendant carried dangerous things and carried about about two weeks of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning suspect examination of D;

1. Statement of the police statement of E;

1. A medical certificate;

1. Application of Acts and subordinate statutes to 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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing):

1. Reasons for the sentencing of Article 62 (1) of the Criminal Act (hereinafter referred to as the "grounds for sentencing") [Determination of types] for the punishment of habitual injury, repeated injury, special injury resulting from repeated injury, repeated crime, special injury [Special Contributor] - The elements for mitigation of punishment (including serious efforts to recover damage) or where considerable damage has been recovered (the scope of recommendation area] mitigation area [the scope of recommendation area] one year and six months to two years [the range of general persons] mitigation area] - The serious half (the applicable provisions of applicable Acts]: Three years or more [the period of suspension of execution] - The main three years or more [the period of major writing (unlawful) special injury resulting from repeated injury, special injury resulting from special injury] - The main reason for mitigation (including a serious effort to recover damage): The main reason for mitigation of sentence (including a serious reason for mitigation of punishment), the general reason for mitigation of sentence (one year or more), the general reason for mitigation of sentence (one year or more), and the general reason for mitigation of sentence (one year or more).

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