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(영문) 청주지방법원 충주지원 2013.06.21 2013고단182

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

On March 11, 2013, at around 14:50 on March 11, 2013, the Defendant, at D office located in Chungcheongnam-gun, Chungcheongnam-gun, the victim E (the age of 48) directed the Defendant to “drawing him or her to his employee”, and flabed one another, and flabs, which are dangerous things in the line where flabs are sping, and flabed and flabs the back of the victim’s left head at one time, thereby causing injury to the victim, such as an open body of the head part, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol of the accused and E;

1. Records of seizure and the list of seizure;

1. Evidence photographs;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Social service order under Article 62-2 of the Criminal Act;

1. A normal condition unfavorable to the reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act: A extenuating circumstance in which the defendant gets the head of the victim and sustained the injury, which may lead to a serious result: The defendant agreed with the victim; the defendant reflects the crime; the defendant did not have any other criminal record in addition to the suspended sentence for adultery in 1986; and the defendant did not have any other criminal record, such as the defendant's age, character, conduct, occupation, family environment, etc., shall be taken into account.