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(영문) 청주지방법원 2015.06.25 2015고단533

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 08:20 on February 27, 2015, the Defendant collected a siren (the strings for vehicle maintenance, the length of 38cc) which is a dangerous object in loading a cargo parked at the same location, on the ground that the victim E (the 47-year-old age), who is the site manager D, was “D” located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and, at around 4-5 times, the Defendant collected a siren (the strings for vehicle maintenance, the 38cc in length) from the victim to the victim for approximately two-day medical treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Investigation record of seizure;

1. A victim Eth medical certificate;

1. Application of Acts and subordinate statutes governing seized articles;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Areas subject to the sentencing guidelines, such as violent crimes, habitual injury, repeated injury, special injury, and areas subject to special adjustment of types 1 (subject to mitigation factors of a special-speed person: Minor injury, exemption from punishment, serious injury: Victims vulnerable to a crime: Imprisonment with prison labor for not less than nine months but not more than two years and six months: Imprisonment for not less than one year and six months but not more than two years and six months;

2. A victim himself/herself under the unfavorable circumstances and under the influence of alcohol, even though he/she was sentenced to a suspended sentence of one year on October 26, 2012 due to a crime committed by a PVC pipe when he/she sells his/her elbs, etc., and was sentenced to a suspended sentence of one year on October 26, 2012.