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(영문) 대전지방법원 논산지원 2012.11.20 2012고단492
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 13:00 on October 19, 2012, the Defendant took a bath at the “E” office operated by the victim D(E), including the victim, and four persons including the victim, and the victim was under the influence of alcohol while drinking, without any justifiable reason. Accordingly, the Defendant was able to take a bath for the victim on the ground that the victim “Igma, whether the Defendant was discharged from the cream in the ship, and shegring,” and the victim was able to take a bath for the victim’s head on the left side of the me, on the ground of an empty disease, which is a dangerous object on the mebbbble, and broken the victim’s head on the ground of the meat.

As a result, the Defendant inflicted an injury on the victim, such as an open room for the left-hand side in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning D and F;

1. The reply letter to the G Hospital;

1. Application of Acts and subordinate statutes to photographs of the body part of the victim;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( Taking into account the circumstances favorable to the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act ( repeatedly considering favorable circumstances to the defendant among the reasons for sentencing following the period of suspended sentence);

1. The applicable sentencing guidelines for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc.: (a) the applicable sentencing guidelines for one year and six months from 15 years to 15 years of imprisonment [the sentencing guidelines] [the range of recommending punishment] the mitigated area of the first type of special injury (special injury) [the range of recommending punishment] imprisonment for one year and six months to two years and six months; (b) the defendant seems to have committed a crime somewhat contingently at the end of the trial with the victim; (c) the defendant reflects the crime; (d) the defendant agreed with the victim; and (e) the defendant has committed a crime other than the previous conviction of a fine for the last ten years.

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