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(영문) 대전지방법원 2016.01.08 2015고단2865
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant

B A person shall be punished by imprisonment for a year and six months.

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

Reasons

On July 3, 2015, the Defendant: (a) around 23:30 on July 23, 2015, at the accommodation of the company located in Daejeon Sung-gu E building 201; (b) on the ground that the victim A (56 years of age) who is a company charged with the company did not open a door for about 30 minutes, he/she taken the face and body of his/her body on drinking; (c) he/she saws a smuggling (85 cm in length) which is a dangerous object with Aluminium material at that location; and (d) he/she did so.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police officer;

1. Application of Acts and subordinate statutes of the written diagnosis of injury to A;

1. Article 3 (1) and Article 2 (1) 3 of the Criminal Act and Article 257 (1) of the Criminal Act concerning the Punishment of Violences, etc. Act concerning a crime;

2. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

3. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] Habitual injury, repeated crime injury, and special injury in the mitigated area (i.e., habitual injury, repeated crime injury, special injury) / [the person who has been specially mitigated] confession and reflects from the punishment source [the person who has been specially mitigated] / [the person who has been sentenced], the victim was agreed with the victim, the injury was relatively heavy, and the first offender was determined as ordered in consideration of the circumstances, such as the mitigation area (i.e., June through February 2, 200), etc.

The acquittal part (Defendant A)

1. The summary of the facts charged Defendant A (hereinafter “Defendant”), at the time, at the place, at the time, and place of the facts charged, was found to have been recorded in the facts of the crime, on the ground that an empty cattle, which was a dangerous object against the assault set forth in the above B, was laid down, and his head was found to have his head and had approximately about 14 days of treatment.

2. At the time of the instant case involving the Defendant’s change of the position, the Defendant continued to use violence on the ground that the Defendant had been under the influence of alcohol due to the delayed opening of his door, and threatened the Defendant with excessive use of violence, and the Defendant merely used an empty small-scale illness on the multi-story floor to prevent this from being sudden. As such, the Defendant was merely going against B.

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