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(영문) 청주지방법원 충주지원 2016.06.10 2013고단749

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for two years.

One knife knife knife knife knife knife knife knife knife knife knife

Reasons

Punishment of the crime

The defendant and the victim C(21) are high school students.

around 15:00 on October 6, 2013, the Defendant: (a) caused the victim to commit an indecent act against the victim’s sexual intercourse E on the ground that the victim committed an indecent act against the victim’s sexual intercourse, and (b) caused the victim to do so with a knife (a knife material, length, 70cm) which is a dangerous object in the nearby location, and knife (a knife, knife, knife, knife, and head knife).

Afterwards, knife, which is a dangerous object in the knife floor of the victim, prices twice the head of the victim with the view to 4 to 5 times, and uses the kitchen knife, which is a dangerous object in the knife, and uses the kitchen knife to E in the state of dancing in the victim's item.

”라고 말해 E이 마지 못해 손으로 때리는 시늉을 하자 피고인이 피해자의 얼굴을 수 회 때려 피해자에게 약 4 주간의 치료를 요하는 양측 수부, 등 배부, 견갑부, 두 피부 다발상 좌상 등의 상해를 가하였다.

Summary of Evidence

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement made by the police against C;

1. Protocols of seizure and photographs of seized articles;

1. Application of Acts and subordinate statutes on diagnosis of injury, damage photographs;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Circumstances unfavorable to the reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act: A normal situation in which the defendant committed a serious injury to the victim as a result of multiple prices of the victim’s knife, camping room, etc., and considering the implements of the above crime, the method and price of the crime, and the degree of injury, etc., the defendant’s liability is heavy, and the defendant appears not to have made any effort to recover the damage of the victim: The mother of the victim wanted to leave the victim against him/her; there is no means to impose any criminal punishment against the defendant; the above normal circumstances and the defendant’s age, sex behavior, environment, and circumstances surrounding the crime.