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(영문) 청주지방법원 충주지원 2013.10.25 2013고단532
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

The defendant and the victim C (ma, 56 years of age) are married between husband and wife.

At around 21:20 on July 16, 2013, the Defendant was able to take care of the face and head of the victim due to drinking while the Defendant had a dispute with the victim as a monetary problem in the Defendant’s dwelling area D, 401 (E apartment).

Along with the Defendant’s talking that he would go from the Defendant, there was a defect in which the victim was about to attach the goods in which he was faced, and the Defendant suffered bodily injury that the head of the victim could tear by making the head of the body of the victim flag, which is a dangerous object.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of statutes on photographs of damage;

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act: Taking into account various circumstances, such as the defendant's age, character and conduct, occupation and family environment, when the defendant was injured by a dangerous article, and circumstances favorable to the defendant that may lead to a serious result: The defendant agreed with the victim; the defendant maintains marital relationship as the husband and wife; the defendant has no criminal record other than the two-time criminal records; the defendant reflects the crime; the defendant's age, character and conduct, occupation and family environment, etc.

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