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(영문) 춘천지방법원 영월지원 2014.08.08 2014고단185

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 became final and conclusive.

Reasons

Punishment of the crime

피고인은 2013. 11. 25. 07:30경 강원 영월군 C에 있는 주식회사 D 사무실 복도에서 직장동료인 피해자 E(39세)가 피고인에 대한 험담을 하고 다닌다는 이유로, 위험한 물건인 대걸레 자루(길이100cm, 지름2.8cm)로 피해자의 뒷머리와 어깨를 각 1회 때리고, 주먹으로 피해자의 머리와 가슴을 수회 때리고 발로 옆구리를 걷어찼다.

As a result, the Defendant inflicted bodily injury on the victim, such as cerebral ley that requires medical treatment for about four weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to field photographs and criminal implements photographs;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Efforts to prevent damage in the area of mitigation (one year and six months to two years and six months), and serious effort to recover damage in the area of habitual injury, repeated injury, special injury, type 1 (Habitual injury, repeated crime injury, special injury) and mitigation (one year and six months to two years and six months);

2. Consideration, such as the fact that the defendant, who was sentenced to a sentence, deposited three million won in order to recover damage, paid a medical fee of one million won, and that the defendant has no record of the same kind of crime other than that sentenced to a fine twice due to the violation of the Road Traffic Act;