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(영문) 대전지방법원 천안지원 2015.04.10 2015고단105
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 December 7, 2014, the Defendant: (a) around 00:00, at the D week located in Asan City C, the victim E (the 30-year-old age), the victim F (the 28-year-old age-old age-long) was obstructed by facing the victims' body and dancing.

The Defendant, “the victim,” refers to the victim’s “theme,” who gets back to the table, flabed the victim’s E, and flabed the flab, towed the breath to the uppermost, taken out the beer’s disease from the beer’s bend, and then opened the victim’s E back from the beer’s beer’s back to the bottom, cut off the head’s back to the floor, and met with the head and the head of the drinking house.

이어서 이를 말리기 위해 따라 나온 피해자 F이 경찰에 신고하는 것을 목격하고 “경찰에 신고 했냐”라며 들고 있던 빈 맥주병으로 피해자 F의 머리를 1회 내리치고, 머리채를 잡아 바닥에 넘어뜨리고, 주차된 오토바이를 밀어 피해자 F의 몸 위에 넘어뜨리고, 넘어져 있는 피해자 F의 배와 허벅지 부위를 발로 수회 걷어찼다.

As a result, the Defendant carried dangerous articles and carried up two-day medical treatment to the victim E for about two weeks, and scamblings and scamblings in need of two-day medical treatment to the victim F, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to E, F and G;

1. Descriptions of each written diagnosis;

1. Application of film Acts and subordinate statutes to images of on-site and photographs injured by victims;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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 made again for the reason of sentencing);

1. Social service order under the Criminal Act;

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