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(영문) 대전지방법원 2013.08.14 2013고단1921
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

On May 12, 2013, the Defendant: (a) around 22:30 on May 12, 2013, on the ground that the victim E (the 13-year old age) was unable to open the door in each part of the apartment entrance (the 127cm in length, 3.5cm in width, 3.5cm in length, 3.5cm in length, 3.5cm in length) in front of the Daejeon Seo-gu D apartment 305-dong Guard room where the Defendant was the Defendant’s residence; (b) under the influence of alcohol, the Defendant damaged the victim’s right side 4 times in each of the above items, which are dangerous objects; (c) on about two weeks in four occasions, the Defendant suffered damage to the victim’s salt and tension of the left blue in need of treatment;

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on investigation (Attachment of a medical certificate);

1. Application of Acts and subordinate statutes to report on investigation (such as standings, photographs, etc.);

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. Article 62 (1) of the Criminal Act (The following consideration shall be repeated for the reason of sentencing);

1. Article 32(1)1 and (2) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Compensation Order (the applicant for compensation is the mother of the victim who is not the victim of the instant crime, and does not act as an agent for the victim regarding the application for compensation, so the application for compensation in this case is unlawful and dismissed) for sentencing, in light of the means and mode of the instant crime, the nature of the crime and the criminal situation are heavy. However, the application for compensation in this case appears to be a contingent crime, the fact that it appears to be a contingent crime, the fact that there is no specific criminal power except five times of fines, and other various circumstances, including the defendant's age, character and conduct, family environment, motive and circumstance of the crime, means and result of the crime, and the circumstances before and after the crime, etc., shall be determined as ordered by the disposition of the defendant.

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