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(영문) 청주지방법원 2014.05.01 2014고단123
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 13:30 on January 8, 2014, the Defendant, while working for “D” located in Daiju-si, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju as an employee with the victim E (the age of 41). However, the victim continued to take the part of the head of the swine, instead of having her knife, and her knife only the part of the head of the swine, and her knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to F and E by the police;

1. Police seizure records;

1. A medical certificate;

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

1. On the grounds of sentencing under Article 62-2 of the Social Service and Criminal Act, the crime of this case is committed with knife with a knife, and the nature of the crime is not good in light of the risk, and there is a criminal record of criminal punishment by violence, 9.6 million won shall be paid to the victim in order to restore damage, and there is no record of criminal punishment above the suspension of execution, it is against the depth of the crime committed in a psychological unstable state due to the infertility of the spouse, and it is now against the favorable circumstances such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., and the conditions of the sentencing specified in the arguments of this case, such as the circumstances after the crime, etc., shall be determined as per the order.

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