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(영문) 청주지방법원 제천지원 2013.09.12 2013고단602
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 05:20 on May 16, 2013, the Defendant: (a) taken care of the victim D (the 57-year old) who was a person eligible for the supply and demand of Yanyang-gun C, on the ground that he was found to comply with it because he did not give smoke, rice, etc. paid to the Defendant, who is a person eligible for the supply and demand of Manyang-gun C; (b) taken out one of the transitions ( approximately 13 cm on a day, approximately 24 cm in total length) which is a dangerous object prepared in advance, on the ground that the victim neglected himself by avoiding dialogue with the Defendant; and (c) taken care of the victim’s right side, which is a dangerous object of the victim’s left side of the Manyang-gun-gun; and (d) took care of the victim’s number of days on the side of the victim ( approximately 11 cm in length, approximately 22 cm in total length).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure;

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. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, such as the fact that the defendant is the first offender, confession and reflects against him; and

1. Probation under Article 62-2 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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