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(영문) 대전지방법원 천안지원 2015.09.03 2015고단1072
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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 becomes final and conclusive.

Reasons

Punishment of the crime

Around 04:00 on January 4, 2015, the Defendant: (a) returned home at an Asan City C Apartment 107 dong 1305; (b) 1305 at the latest time on the ground that the mother of the victim was divingd by the victim’s room; (c) opened the victim’s face by drinking and drinking the victim’s face; (d) opened the victim’s body by taking the body and drinking back to drinking; and (e) opened the victim’s face and body at a time after taking the body of the victim’s body and drinking; and (e) opened the victim’s face and body after taking the body back to drinking; and (e) took the victim’s friendly appearance (20 years of age) and took the victim’s bucks.

Accordingly, the Defendant carried dangerous objects as above and inflicted bodily injury upon the victim D with the left eye of the treatment days, and assaulted the victim E.

Summary of Evidence

1. Defendant's legal statement;

1. Each description of the D and E's respective statements;

1. Application of Acts and subordinate statutes on images of photographs;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 260 (1) of the Criminal Act concerning the punishment of a deadly weapon;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravated Punishment of Violences, etc. which is heavier than punishment (aggravated Punishment of Concurrent Crimes concerning the Crimes of Injury by Group, Deadly Weapons, etc.)]

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of punishment by law: Imprisonment for not less than one year and six months but not more than two years and not more than six months;

2. Crimes of violation of the Punishment of Violences, etc. Act (a violation of the Punishment of Violences, etc. Act (a violation of a group, deadly weapon, etc.) (a decision of type) and violent crimes according to the sentencing guidelines;

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