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(영문) 전주지방법원 정읍지원 2013.12.03 2013고단552

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 16:40 on October 20, 2013, the Defendant: (a) expressed the victim’s desire not to sprink tobacco; (b) expressed the victim’s desire to sprinke in E-cafeteria operated by the victim D(66 years of age); and (c) took the victim’s disease, which is a dangerous object on the table, and was faced with the victim’s head. (d) took the victim’s disease, which is a dangerous object on the table, and was in line with the victim’s head.

As a result, the defendant carried dangerous objects and carried them for two weeks to give treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A medical certificate;

1. Application of statutes on site photographs;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do349, Jan. 1, 201);

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;