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(영문) 청주지방법원 2014.10.30 2014고단814

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 becomes final and conclusive.

Reasons

Punishment of the crime

On April 29, 2014, at around 20:10, the Defendant: (a) did not pay the benefits agreed by the victim D (the age of 59) (a) who was employed by himself as a driver; (b) taken back knife (the knife length 16cm, No. 1) which is a dangerous object in the benife adjacent to the benife; and (c) taken off knife (the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife 202; (d)

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Investigation report (related to correction of the Chode at the scene of the incident), investigation report (related to the method of injury and the degree of injury to the victim using the Cho-knife), investigation report (related to correction of the degree of injury to the victim), investigation report (related to correction of the degree of injury to the victim), and investigation report (related to the

1. Protocols of seizure and the list of seized articles, and the photograph and description of the seized articles;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [Determination of Punishment] violent crime group, Type 1 [Special Convicted Person] of Habitual Injury, Bodily Injury, Special Bodily Injury: Voluntary Mitigations: Self-denunciation, Non-denunciation of Punishment - Special Aggravations: serious serious injury [the scope of sentence of recommendation] mitigation area / [the scope of sentence of recommendation] 1 year and six months to two years and six months [the main reason for suspension of execution] - Where a person commits a crime by carrying a deadly weapon or other dangerous articles carrying a deadly weapon or other dangerous articles: A person who is not sentenced to punishment [decision of sentence] 3 years of probation and 160 hours of community service, shall be punished.