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(영문) 대전지방법원 2015.07.15 2015고단1710
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On April 2, 2015, the Defendant was sentenced to a suspended sentence of 8 months for a violation of the Road Traffic Act at the Daejeon District Court on April 2, 2015, and the suspended sentence becomes final and conclusive on April 10, 2015.

On May 24, 2015, the Defendant: (a) around 23:40 on May 24, 2015, and (b) on the ground that the victim E (39 years of age, women) who carried on alcoholic beverages together with her seated her seated her seated her face, brought a beer bottle, which is a dangerous object on the table, and brought an injury to the victim, who is in need of approximately two weeks of treatment, to the other head part.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. E statements;

1. A written diagnosis of injury;

1. Place of occurrence and photographs of the damaged part;

1. Application of statutes concerning criminal records;

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. The Defendant asserts to the effect that, at the time of committing the instant crime, the Defendant was under the influence of alcohol and was in a state of mental and physical disability as to the assertion of defense counsel under Articles 53 and 55(1)3 of the Criminal Act.

According to the records, it is difficult to view that the defendant was aware of drinking at the time of the crime of this case, but the defendant lacks the ability to discern things or make decisions due to such drinking, in light of the circumstances of the crime, the contents thereof, and the defendant's behavior before and after the crime of this case. Thus, the above assertion by the defendant is rejected.

A person who is under special aggravated punishment in the range of the sentencing guidelines, which is general to the extent of the sentencing guidelines, shall be sentenced to the crimes during the period of suspended sentence, the recovery of damage, the relationship of previous convictions (one time of suspended sentence of the same kind, two times of suspended sentence of the same kind), and a person under special aggravated punishment in the range of the sentencing guidelines: A person carrying a deadly weapon or other dangerous articles.

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