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(영문) 청주지방법원 제천지원 2016.02.04 2015고단661

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 18, 2015, the Defendant: (a) moved to the wife of the victim D (36 cm) who stopped on the right without any reason after stopping the vehicle at the Hancheon-dong, Sucheon-si; (b) and (c) knick (18.5 cm in total length, 7 cm in length, 18.5 cm in length, knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

As a result, the Defendant carried dangerous things with the victim and inflicted injury on the victim, such as the complete heat before the right side which requires treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with respect to D (including the part concerning the E statement);

1. A written statement;

1. A response to a request;

1. A protocol of seizure and a list of seizure;

1. Application of the Acts and subordinate statutes on photograph description;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act include: (a) the Defendant, knife the part of the victim’s arms, thereby inflicting bodily injury on the victim; (b) the risk of such act is considerable; (c) the Defendant was smoothly agreed with the victim; (d) the Defendant led to confession of and reflect against the instant crime; and (e) the Defendant did not have any criminal record more than a suspended sentence.

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.