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(영문) 대전지방법원 홍성지원 2014.01.15 2013고단1026
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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

1. On June 27, 2013, the Defendant: (a) around 00:0 on June 27, 2013, on the ground that the victim E (34 years of age) who was born at the Djuk 5 room located in Hong-gun Hong-gun, Chungcheongnam-gun, would act without a brush, and (b) took care of the victim’s face, the Defendant she was satisfying the victim for approximately two weeks of treatment.

2. A person who violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) received a claim from the victim F (the age of 43) against the fact that the above E was assaulted by the Defendant at the fifth room of the above D weeks around 00:20 on the same day as paragraph (1).

Therefore, the Defendant, on the ground that the victim shouldered an empty beer who was on the table, and said that he was “Badhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh that requires approximately two weeks of treatment for the victim.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement related to E, F, and G;

1. On-site and victim photographs;

1. A medical certificate;

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes to a criminal investigation report (report accompanied by a photograph of the victim's upper part of the F);

1. Relevant Article of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act (the point of injury to carry dangerous articles) of the Criminal Act concerning the crime;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [within the scope of the sum of the long-term punishments of the crimes of violation of the Punishment of Violences, etc. which are heavier than punishment and the injury by a deadly weapon, etc.]

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Circumstances in which the following reasons for sentencing are described):

1. The suspended sentence is based on the method and degree of damage, etc. of the crime for sentencing under Article 62(1) of the Criminal Act (restatement of the reasons for sentencing below).

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