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(영문) 청주지방법원 충주지원 2013.10.11 2013고단551

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

The defendant is between the victim C (ma, 57 years of age) and the married couple.

At around 14:30 on August 2, 2013, the Defendant, at the entrance of the Da building located in the Eup/Myeon of the Chungcheongbuk-gun, had the victim danced out of the same building, and assaulted three times the victim’s face, head, and head with left hand.

In addition, the Defendant and the victim went back to the residence located in the Chungcheongnam-gun E, and the Defendant first brought a pipe, which is a dangerous thing that the Defendant first arrived, and the victim later arrived at the parking lot. However, in the vehicle, the victim did not get out of the parking lot, the victim’s head head, who was on the driver’s seat, was laid down by the pipe, and the victim’s head, who was on the driver’s seat was laid down beyond the floor.

Since then, the Defendant: (a) caused the victim to walk one time from buckbucks; and (b) caused the victim’s left part of the pipe twice, thereby causing injury to the victim, such as dump dump, which requires treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Photographs of the body part of the victim;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( various circumstances such as the fact that the defendant has agreed with the victim, that the defendant and the victim are between the couple and seems to maintain a smooth marital relationship, that there is no criminal punishment against the defendant, and that the defendant reflects the crime);