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(영문) 대전지방법원 2015.10.29 2014고단4402 (1)
폭행
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On June 1, 2012, the Defendant sentenced the Daejeon District Court to 10 months of imprisonment for a crime of violating the Juvenile Protection Act, etc., and completed the execution of the sentence on March 28, 2013.

C and D are inter-speaks, and the defendant and E are inter-gus.

C, D, the Defendant and E were able to take a bath on the grounds that they moved in the way front of G main points located in Daejeon, Seo-gu, Daejeon, on December 2, 2014, on the grounds that they turned out in the direction of G main points, and they were punished for vagabonds.

As above, the Defendant is punished for vagabonds.

From the victim C(30 years of age) to face, an empty disease, which is a dangerous object in the vicinity of the face, was collected, the victim's head was recovered, and the victim's head was recovered, and the victim got about about 14 days of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Damage photographs;

1. Each injury diagnosis certificate (No. 14, 15 No. 14, 15);

1. Application of Acts and subordinate statutes, such as criminal records;

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. Article 35 of the Criminal Act among repeated crimes;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the defendant asserts that his act constitutes self-defense or excessive defense. However, considering the situation and situation of the crime of this case, the defendant's act cannot be seen as falling under self-defense or excessive defense, considering the method of crime, degree of damage, etc., the above assertion is not accepted] reason for sentencing [the range of recommending punishment] / [the range of recommending punishment] violent crime group, violent crime group, habitual injury, repeated injury, special injury (type 1), mitigation area, mitigation area, 1 year and 6 months to 2 years and 6 months [decision of sentence] two times (208, 2012), 5 times (208, 2012), 4 times of fines, 5 times of fines, 4 times of repeated crimes (a) period, 4 times of fines, 5 times of punishment of victims, 4 times of punishment of victims, motive and circumstances leading to the crime, degree of actual injury, the defendant's age and behavior environment, etc.

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