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(영문) 대전지방법원 논산지원 2014.01.21 2013고단299
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

2. Provided, That 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

At around 09:30 on July 21, 2013, the Defendant observed the dispute between the victim D (manam, 41 years of age, Uzbekistan of nationality) and the head of the Ban, and heard the hump from the victim while working in the greenhouse located in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant inflicted an injury on the victim, i.e., the victim’s hair, shoulder, brue, and brue, which is a dangerous object in the vicinity of the Tump (120cm in length), with a pipe (120cm in length) which is a dangerous object in the vicinity of the Tump.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police on D;

1. Application of the Acts and subordinate statutes to each description or image of the victim's photograph and each injury diagnosis 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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 to suspend the execution: A person shall be sentenced to the suspension of the execution of imprisonment with prison labor within the scope of the recommended sentence, by comprehensively taking into account the following factors: A person shall be sentenced to the suspension of the execution of imprisonment with prison labor within the scope of the recommended sentence, comprehensively taking into account the main reasons for the suspension of the execution, the reasons for the general participation, and all the circumstances shown in the arguments in this case, as a whole, of minor injuries, the absence of force on criminal punishment, and the crime of carrying dangerous articles (the reason for general participation

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