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(영문) 청주지방법원 충주지원 2014.01.17 2013고단672

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 22:00 on July 4, 2013, the Defendant found the victim's pet room 302 at the male-friendly appearance E of the victim D (Inn, 47 years of age) who was flicked by the defendant, and found the victim's face at 4-5 times with both descendants, 4-5 times the victim's face, and 4-5 times the victim's face, brued the victim's back to the beer disease, which is a dangerous object, led the victim to cut off one back of the victim's back to the beer disease, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes of each injury photograph and diagnostic 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. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act of probation and community service order: The defendant injured the victim by beer who is a dangerous object, and the circumstances favorable to the defendant that may lead to a serious result: The defendant deposited part of the money for the victim; the defendant did not have any criminal record exceeding the fine; the defendant reflects the crime; and other circumstances that are conditions for sentencing indicated in the records, such as the defendant's age, character and conduct, occupation and family environment, shall be taken into consideration;