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(영문) 대전지방법원 홍성지원 2014.12.24 2014고단649
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for not less than eight months.

except 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

On October 19, 2014, at around 02:15, the Defendant assaulted the victim’s left shoulder and head four times with each item (224 cm, thickness 2.9 cm x 2.4 cm), which is a dangerous object that was mistaken for a person who had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to photographs (fields, items, etc.);

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reason for sentencing [the scope of applicable sentencing guidelines] under Article 62 (1) of the Criminal Act (amended by Act No. 62 (1) of the suspended sentence (amended by Presidential Decree No. 1999), the period of punishment: Violence crime, assault crime, and Type 6 (Special Violence): The scope of recommended range of punishment and recommended range of punishment: Reduction area; the range of recommended range of imprisonment with prison labor for not less than 4 months but not more than 1 year and not more than 2 months: Imprisonment with prison labor for not less than 6 months and not more than 1 year and not more than 1 year and not more than 2 months (compliance with the minimum applicable sentencing range in law) (limited to a case where the victim's head is a dangerous object of the suspended sentence 8 months), suspended sentence 2 years, and the victim's head is not considered in light of the applicable law and the risk of the crime; however, it is hard to see that the defendant has committed a crime, committed a mistake in depth, and his child is more favorable to the victim, and it has been accepted.

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