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(영문) 대전지방법원 서산지원 2015.07.16 2015고단229
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

At around 01:00 on January 29, 2015, the Defendant calculated the part of the victim’s head by the method of gathering an empty disease, which is a dangerous object on a restaurant table, and led the victim to the face of the victim on the ground that the victim E (the 20-year-old person) was chered by the victim in Seosan City, Seosan-si, in a manner that the victim’s head was faced with the victim’s face, and led the victim to approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. On-site photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation [Scope of Recommendation] Where the area to be mitigated (one year and six months to two months), the area to be mitigated (one year and six months), the area to be mitigated (including a person who has been specially mitigated), the area to be mitigated (including a serious effort to recover damage), or considerable damage has been recovered (the decision of a sentence] the method of committing the crime was taken toward the face of the victim, and the accused was sentenced to a fine twice for violence-related crimes only in 2014; the fact that the accused was sentenced to a fine twice for violence-related crimes is normal; the accused is not subject to any injury that is unfavorable to the accused; the accused is under the age of the offender; there is no previous conviction who has been sentenced to a fine; the accused did not reach an agreement with the victim; and that the accused deposited KRW 1 million for the sake of the victim.

In addition to the above circumstances, the sentence like the order shall be determined by comprehensively taking into account all the sentencing conditions shown in the records and arguments of this case.

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