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(영문) 청주지방법원 제천지원 2015.10.22 2015고단439
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 09:00 on July 27, 2015, the Defendant collected stones (19cm in total length) that are dangerous objects in the victim D (n, 82 years of age) near the garden owned by the Defendant on the ground that the victim interfered with the garden owned by the Defendant, and caused the victim to go through the victim's buckbuck area, and caused the victim to go about about 3 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (Investigation of the counter party of the shootings);

1. Investigation report (investigation into confirmation at the site);

1. A written diagnosis of injury;

1. Application of statutes on site photographs;

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. The reason for the suspended sentence under Article 62(1) of the Criminal Act (hereinafter referred to as "the grounds for the suspended sentence") is that the defendant committed the crime of this case even though he had the record of having been punished several times for the same kind of violence in the past, and that the act of inflicting bodily injury upon the victim by taking care of the victim is a considerable disadvantage to the defendant, and that the defendant deposited the victim as the victim's deposit, and that the confession of the crime of this case and reflects it is favorable to the defendant.

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.

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