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(영문) 청주지방법원 영동지원 2015.11.19 2015고단170

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

around 02:45 on August 12, 2015, the Defendant: (a) around D convenience stores located in the Chungcheongnamcheon-gun, Chungcheongnamcheon-gun; (b) on the ground that the victim E (20 years of age) was forced to take the Defendant’s phone, the Defendant, by hand, sent the victim’s bucks at a hand, and carried the victim’s bucks to a spacker spacker for the convenience store; (c) 4 times the victim’s bucks (1m in length) as dangerous articles.

Since then, the Defendant again saw the victim to go back to Gincheon-gun’s G-gun’s house, and laid down the victim’s tamp with the said Gincheon-gun’s door, and caused the victim to suffer bodily injury, damage, etc. in the vicinity of the Gincheon-gun’s Mancheon-gun’s Manchline, which requires approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to report on investigation (medical certificate and place of crime);

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. The reason for sentencing of Article 62-2 of the Criminal Act on probation and community service order lies in the nature of the instant crime committed by the Defendant, who moved to a place and assaulted the victim with a chain.

However, the defendant's mistake and seriously reflects the defendant.

The defendant has no record of criminal punishment except for a disposition of suspending indictment on the grounds of the attack in 2010.

The injured party does not want to punish the accused.

In addition, the defendant's age, character and conduct, the details and details of the crime, and the conditions of the sentencing shown in the arguments after the crime are considered in consideration of the sentencing guidelines for violent crime [2. Special Injury, Type 1 (Special Injury), the mitigation area (Special Mitigations from June to June, 2), and the criteria for the suspension of execution] and the positive reasons for the suspension of execution: There is no record of criminal punishment, the source of punishment, contingent crimes, and serious crimes.