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(영문) 청주지방법원 제천지원 2015.05.14 2015고단47

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 became final and conclusive.

Reasons

Punishment of the crime

At around 23:45 on January 10, 2015, the Defendant, at the main point of “D” located in “D,” in Seocheon-si, Dacheon-si, one of the next Bable customers, singing, dancing, and playing together, and making the Defendant off his son and son, thereby committing an flabing act. However, the Defendant, on the ground that the victim F (the age of 49) did not go against the mistake of her flab, and the Defendant said flab “S D” to go off the victim’s flab with a beer of a glass material, which is a dangerous object located in his flab, on the ground that the victim F (the age of 49) did not go against the mistake of flab and said flab.

As a result, the Defendant carried dangerous things and inflicted an injury on the victim, such as an open room for the head part in need of treatment for about 10 days.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Investigation reports (specific contents of damage), investigation reports (specific contents of dangerous articles);

1. Statement of opinion;

1. Application of the photographic Acts and subordinate statutes;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. Scope of recommendations according to the sentencing guidelines: Reduction of the mitigated area (one to half years from June to June) of one year, two years and six months (the determination of a type): Reduction of the mitigated area (one to half years from June to six months) of habitual injury, repeated crime injury, special injury (Habitual injury, injury, special injury) (one to half years).

3. The fact that the Defendant, who was sentenced to the sentence, was in a significant danger of having the head of the victim's body due to beer disease, is disadvantageous to the Defendant. The fact that the Defendant agreed to the offender smoothly with the victim, and that the Defendant led to the confession of the instant crime, and against the Defendant is favorable to the Defendant

The above circumstances are as follows.