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(영문) 청주지방법원 2014.10.17 2014고단543

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 March 21, 2014, at around 01:00, the Defendant collected favorable cups from the face of the victim E (V) who had been seated with the Defendant, even though there is no obvious reason, and caused the glass cups suitable for the math.

As a result, the defendant put the victim into the inner side, such as around the entrance that requires treatment for about two 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 the Acts and subordinate statutes governing body 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. Article 62 (1) of the Criminal Act;

1. 보호관찰 및 사회봉사명령 형법 제62조의2 양형의 이유 피고인이 술에 취해 던진 유리잔으로 피해자는 입술이 찢어져 꿰매야 하는 큰 상해를 입었다.

However, the defendant is seriously against the defendant, and efforts were made to recover the damage of the victim.

Therefore, the victim does not want to punish the defendant under the agreement with the defendant.

Although the defendant was sentenced to imprisonment for the same kind of crime in 1989 and was sentenced to imprisonment for 8 months and for 2 years of suspended sentence, he was sentenced to punishment for minor fine.

In addition, in consideration of various conditions of sentencing, such as the age, character and conduct, criminal records, background and details of crimes, circumstances after crimes, etc., the punishment as ordered shall be determined within the scope of recommended sentencing criteria (special injury, mitigation area (one year to two years and six months, mitigation factors: mitigation factors) determined in the sentencing guidelines for violent crimes.