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(영문) 청주지방법원 2013.04.19 2010고단1176

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

At around 18:00 on December 6, 2009, the Defendant: (a) visited the victim E (the age of 62) residing in the area adjoining to the Mail-gun, Chungcheongnambuk-gun, and was protrudingly cut off at the inside. (b) on the ground that he visited the victim E (the age of 62) who was living in the area adjoining to the Mail-gun, for annoying speech, the Defendant was able to take the victim's face at home and take the victim's face at home, and the Defendant was able to take the victim's face and head (the total length of 140cm), which is a dangerous thing in the Mansan-gun, by drinking.

As a result, the defendant suffered injury to the victim, such as the complexity of the Korean left-hand pelle, which requires treatment for about five weeks.

Summary of Evidence

1. The defendant's partial statement in the third protocol of trial;

1. Statements made by witnesses E in the fourth trial records;

1. A protocol concerning the examination of the accused by the prosecution (including the E substitute part);

1. A protocol concerning the interrogation of suspects of E;

1. Statement to E by the police;

1. Each photograph;

1. Application of Acts and subordinate statutes of the injury diagnosis 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. The Defendant’s crime of this case for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is a case where the Defendant committed serious bodily injury to the victim by making the victim several times with plastic pipe, which is a dangerous article, and the nature of the crime is not less exceptionally, and the Defendant did not agree with the victim. In addition to the favorable circumstances such as the Defendant’s age, character and conduct, family relation, circumstance, and consequence, the Defendant’s age, personality and conduct, family relation, and circumstances after committing the crime, etc., together with the favorable circumstances such as the Defendant’s failure to agree with the victim.

It is so decided as per Disposition for the above reasons.