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(영문) 대전지방법원 서산지원 2014.02.13 2013고단678
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

On August 3, 2013, at around 23:30, the Defendant collected from the victim E (here, 36 years of age) who is an employee in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, in one room, for the reason that he/she smokes from tobacco in the location where the Defendant is located together with the Defendant, and led to the victim's face (15cm in name).

The Defendant suffered bodily injury, such as an open head, which requires approximately two weeks of treatment, on the part of the victim, due to the fact that the Defendant was out of the mind of the part of the victim, continuously takes the part of the victim's right eye, her desire to do so, her fright to the face of the victim by gathering beer disease, which is a dangerous object, and caused her blood transfusion in line with the other part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written diagnosis of injury;

1. Each photograph;

1. Application of the Acts and subordinate statutes for investigation reporting;

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 (1.5 million won is deposited, etc. to make efforts to repay damage and reflect it, and there is no criminal record exceeding a fine: Provided, That since the crime related to drinking is repeated, the order of probation, etc. is issued to prevent recidivism and to compensate for damage);

1. Probation and community service order shall be decided as ordered by the court on the grounds of Article 62-2 or more of the Criminal Act;

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