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(영문) 대전지방법원 홍성지원 2014.10.08 2014고단519
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 becomes final and conclusive.

Reasons

Punishment of the crime

On July 17, 2014, around 00:40 on July 17, 2014, the Defendant discovered that the victim E (the age of 17) passes before the D convenience store located in Hongsung-gun, Chungcheongnam-gun, and caused the victim E to go against the victim F (the age of 17).

피고인은 피해자 E이 피해자 F을 데리고 오자 피해자 F을 위 편의점 옆 주차장으로 데리고 가 피해자 F이 평소 피고인을 무시하였다는 이유로 손바닥과 주먹으로 피해자 F의 얼굴과 가슴을 10회 가량 때리고 위 편의점 근처 공터로 피해자 F을 데리고 가 발로 피해자 F의 정강이를 2~3회 걷어찼다.

The Defendant continued to go the victims into H vacantter in G and let them cover the right angles, and then 120cc in each item (120cc in length, 5cc in thickness) of dangerous articles, i.e., the victim F’s ambucks 15 times, and the victim E’s ambucks ambucks 20 times, and the victim E ambucks ambucks 20 times, and ambucks ambucks ambucks 2 to 3 times with the victim E’s ambucks ambucks.

As a result, the defendant injured the victim FF about three weeks of medical treatment, and caused the victim E to be diversified in the days of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. A written diagnosis of injury;

1. Application of each damaged photograph, field photograph, or statute;

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 aggravated punishment for concurrent crimes provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes with punishment provided for in the Act on the Punishment, etc. of Violences, etc. against Victims F with heavier Crimes)

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. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order.

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