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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
Criminal facts
1. Around 22:00 on July 13, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.), putting the victim F (26 years of age) out of the E convenience store located in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant took a bath to four (4) persons, including the victim G (Woo 22 years of age), who is the Defendant’s one-way, (6c meters in length), while putting the head of the victim G in a dangerous thing located therein (60 meters in length, 60 meters in length), and putting the head of the victim F, who was located after the victim G, at one time.
Ultimately, the Defendant carried dangerous goods as above and inflicted injury on the victim F, such as double pelkes, which requires treatment for about six weeks, and injury on the victim G, which requires treatment for about two weeks.
2. 상해 피고인은 위 일시, 장소에서 자신을 제지하는 피해자 H(27세), 피해자 I(27세)의 얼굴과 몸통을 손으로 수회 때리고, 다리로 수회 찼다.
In the end, the Defendant inflicted injury on the victim H such as brain salva which requires approximately two weeks of medical treatment, and salutism that requires approximately one week of medical treatment on the victim I.
Summary of Evidence
1. Defendant's legal statement;
1. Each police suspect interrogation protocol of H and I;
1. Each police statement made to J and G;
1. Seizure records;
1. Application of Acts and subordinate statutes of each injury diagnosis letter;
1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act as to the facts of crime, Articles 2 (1) and 2 (1) 3 of the same Act, Article 257 (1) of the Criminal Act (the occupation of inflicting an injury on a dangerous object) and Article 257 (1) of the Criminal Act;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15488, Apr. 2, 201; Supreme Court Decision 2009Da1448, Apr. 2, 201)
1. We examine the suspended sentence under Article 62(1) of the Criminal Act.