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(영문) 청주지방법원 충주지원 2016.05.27 2015고단213

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 June 2, 2015, around 13:42, the Defendant, at the home of the victim D(59) of the victim D(59) with C Apartment 202, Dong 509, performed drinking together, and talked with drinking, without any reason, was a fluenite, which was a dangerous object on the floor of the room, and went off once the head part of the victim, and put about two weeks of treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Relevant photographs;

1. A report on investigation (the details of DNA treatment) and the application of Acts and subordinate statutes in response thereto;

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. Circumstances unfavorable to sentencing under Article 62-2 of the Social Service Order Criminal Act: The instant crime is determined as ordered in consideration of various sentencing conditions, such as the following circumstances and the defendant’s age, sex behavior, environment, background, means and consequence of the crime, and the circumstances after the crime, etc., in consideration of the following: (a) the risk of the victim’s head was high; (b) the defendant was favorable to the escape during the trial of this case; (c) the defendant recognized the crime during the period of detention; (d) the defendant was seriously against the defendant during the period of detention; and (e) the victim expressed his intention not to punish the defendant.