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(영문) 대전지방법원 2015.07.15 2015고단1577 (1)
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 March 16, 2015, around 01:30 on March 16, 2015, the Defendant, while drinking alcohol together with other actors, such as victims E, was taken when the victim faces the face of the victim due to drinking on the ground that the victim takes a bath to other players, and when the victim was able to take care of the other players, he was able to take care of the head of the victim with cement brick, which is an article in danger of following the victim from outside, and the victim was able to take care of the head of the victim by hand.

As a result, the Defendant inflicted multiple injuries on the victim, such as two parts requiring medical treatment for about 14 days, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol regarding E;

1. A written diagnosis of injury;

1. Application of each statute on photographs;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act ( regard for repeated consideration of the following favorable circumstances):

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. [Scope of Recommendation] The Special Mitigation Zone (Habitual Injury, Bodi Bodily Injury, Bodily Injury, Special Bodily Injury) [Special Mitigation] (Adjustment of Recommendation Punishment] and the minimum limit of the applicable punishment [Adjustment of Recommendation] is one year and six months, and the adjusted recommendation range is one year and six months to two years and six months [Pronouncement Decision] disadvantageous circumstances: A favorable normal circumstance, such as the fact that the victim was injured by using dangerous objects, which is relatively less relative to confession, reflectivity, victim's part and degree of the injury; the fact that the victim was not punished under an agreement with the victim; the fact that there was no special crime record except that the victim was punished by a fine of 300,000 won for the crime of assault within the last ten years: The defendant's age, family relation, family relation, details of the crime, etc.; the sentence of imprisonment with prison labor for one year and six years, suspension of execution;

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