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(영문) 청주지방법원 제천지원 2013.08.22 2013고단523

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

1. The defendant A shall be punished by imprisonment with prison labor for ten months;

2. Defendant B shall be punished by imprisonment for one and half years.

except that this judgment.

Reasons

Punishment of the crime

1. On April 6, 2013, Defendant A suffered injury to the victim’s left part, i.e., heat, etc., which requires approximately two weeks of medical treatment to the victim under the influence of alcohol, while drinking together with the victim B (the age of 37) who did drinking alcohol and having a dispute with the victim, while drinking together, Defendant A suffered injury to the victim on the part of the victim’s left part, i.e., a dangerous object., the victim’s left part, and caused about two weeks of medical treatment to the victim.

2. Defendant B, at the same time and place as set forth in paragraph (1), was assaulted by the victim A (the age of 36) and set up against the assault, and her head was two times as a beer disease, which is a dangerous thing at that place, thereby causing injury to the victim, such as an unexplosion of the number of days of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes, such as internal investigation reports, investigation reports (Attachment of field photographs), photo description, investigation reports (Attachment of photographs on the body of a suspect), photographs description, clinical records (A), and diagnostic records;

1. The Defendants of relevant criminal facts: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act

1. Mitigation of mental disorders A: Articles 10 (2) and 55 (1) 3 of the Criminal Act;

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act;

1. Defendant B of suspended execution: Reasons for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of sentence recommended under the sentencing guidelines for Defendant A: Imprisonment for a period of nine months to two years;

2. Determination of sentence of habitual injury, repeated injury, special injury, type 1 habitually injury, repeated injury, special injury, special mitigation area (special mitigation element: quasi-harm with mental disability (in a case where no responsibility is available to the person in question), non-conformity with punishment (including a case where considerable damage is recovered) or considerable part of damage): Imprisonment with prison labor for 9 months to 2 years: Defendant A shall be sentenced to imprisonment for 10 months from November 11, 201 to Cheongju District Court for 2 years: