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(영문) 대전지방법원 2014.08.29 2013고단1472
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 2, 201, the Defendant, at around 09:00 on October 2, 201, performed a work with the victim C (the age of 54) at the site of new construction works in the Seongbuk-gu Foreign National Defense Research Institute, Seongbuk-gu, Daejeon, and the Defendant, as a dangerous object on the ground that the victim took a bath, took once the part of the victim’s growth, and set the above part to the head of the victim, taking the victim’s left hand on one occasion, followed up the victim’s left hand, requiring approximately five weeks 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 of a medical 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. Suspension of execution under Article 62 (1) of the Criminal Act (Considering the reflectivity, agreement and prohibition of the punishment of victims, circumstances after the commission of the crime, etc.);

1. Probation under Article 62-2 of the Criminal Act;

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