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(영문) 대전지방법원 2014.04.24 2014고단235
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six 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 May 20, 2013, at around 20:0, the Defendant, at the E-cafeteria operated by the Victim C (M, 55 years of age) on May 20, 2013, was dissatisfied with the Defendant’s complaint that the Defendant gets the victim’s children who want to serve a restaurant.

Accordingly, the Defendant expressed the victim's desire to "Cyp Y....." while gathering glass cup, which was a dangerous object on his deposit, and caused the victim to suffer approximately two weeks of medical treatment. In line with the end of the victim, the Defendant laid the victim's internal part of the inner part in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to an investigation report (report accompanied by a copy of a medical certificate of a victim C);

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence [Scope of recommending punishment] The main reason for sentencing under Article 62 (1) of the Criminal Act : Violence crime group, habitual injury, repeated injury, special injury (type 1), mitigation area, one year and six months to two years and six months (whether suspended sentence is suspended of sentence]; the major reason for reference in the event that a person commits a crime by carrying a deadly weapon or other dangerous articles: One year and six months: Imprisonment with prison labor for a crime not punishable (determination of sentence); the one year and six months; the two years of suspended sentence reflects his mistake; the victim does not want the punishment of the defendant; the victim does not agree with the victim; the victim's age, character and behavior; the background and consequence of the crime; the means and result of the crime; and the circumstances of the punishment after the crime, etc., shall be determined as the sentence as per the Disposition.

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