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(영문) 청주지방법원 충주지원 2013.11.29 2013고단520

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

At around 06:30 on May 31, 2013, the Defendant: (a) expressed to the victim E (here, 74 years old) (here, she) who thins his/her drilling in the Diplomatic garden in Chungcheongnam-si, Chungcheongnam-si; (b) expressed her desire to “the flasing of another; (c)” and “the flasing of why he/she opens,” and (d) broken down the victim’s right shoulder by hand; (b) cut off the flas (9cm in length) that are dangerous objects owned by the victim; and (c) cut off the flus part of the victim’s left elbow part of the victim’s blus, which requires treatment for 14 days.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness E’s legal statement (the defendant shall vindicate to the effect that he was not guilty of harming the victim by cutting down the victim over and defending the victim. However, in full view of each evidence such as the consistency, physical strength, rationality, and the degree of testimony in this court, etc. of the witness E’s witness E’s statement and the investigative agency’s statement, etc., the defendant may sufficiently recognize the facts constituting the crime of inflicting an injury on the victim by putting the victim out of his defense);

1. A protocol of examination of part of the defendant by prosecution;

1. Statement to E by the police;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Probation Criminal Act: Taking into account various circumstances, such as the fact that the defendant, who is a dangerous object, has inflicted an injury upon the victim by getting off the victim, which may lead to a serious result, the fact that the defendant has a criminal record of the same kind of crime and other facts that the defendant's health is not good, elderly, personality and conduct, family environment, etc.