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(영문) 대전지방법원 논산지원 2014.01.07 2013고단330
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2. Provided, That the above sentence shall be executed for three years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

At around 20:50 on June 29, 2013, the Defendant had the victim drinking alcohol at the Defendant’s residence located in Seosan City, and had the victim drinking alcohol to E... The victim found the Defendant’s residence and caused the victim’s injury, i.e., e., having the victim drinking alcohol at 33 years of age. The victim found the victim’s residence and “mathn to the sium”, “Is the ambien”, “Is the ambien”, “Is the victim’s ambien”, “Is the victim’s ambien,” and “Is the victim’s head two times at one time due to a beer disease, which is a dangerous object on the room, and caused the victim’s head one time, and caused the victim’s injury, such as being missing in detail, for which two weeks’ treatment is necessary.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made by the police in relation to D and F;

1. Application of Acts and subordinate statutes to descriptions or images of on-site photographs, victim photographs, death diagnosis reports, and each investigation report;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Scope of penalty: Imprisonment with prison labor for not less than one year and six months to 15 years (Discretionary mitigation);

2. The sentencing guidelines [decision of types] the group of violent crimes, the group of habitual injury, the group of repeated injury, the group of special injury (the scope of recommendations] (the range of special mitigation factors): Imprisonment with prison labor for a period of nine months to two years: A minor injury, the number of penalties not to be imposed, and the special aggravation factors: None of them;

3. Determination of sentence: Imprisonment with prison labor for one and half years; and

4. Whether or not a suspended sentence is positive for three years (major reasons for the suspended sentence): Minor injury, bad negative results of punishment: A dangerous act of carrying a dangerous article (general reason): positive contingent act, serious reflective act: A previous conviction (comprehensive comparative assessment) at least twice prior to the suspended sentence (comprehensive comparative assessment), the reason for general reference, and all the circumstances shown in the arguments of this case shall be comprehensively considered.

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