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(영문) 청주지방법원 제천지원 2014.07.31 2014고단250
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 becomes final and conclusive.

Reasons

Punishment of the crime

On May 9, 2014, the Defendant, at the main point of “D” located in Seocheon City, around 10, 2014, performed alcohol, and on the ground that the victim E (the age of 46) who was aware of each other while working as a usual labor day, she saw the Defendant as a fluort with a fluorous attitude. The Defendant, at the same time, she cut back the number of the victim’s back to a beer of glass material, which is a dangerous object located in the brue, one time, and lowered the victim’s right side by the beer disease that the victim returned to the next.

As a result, the defendant carried dangerous objects and carried them about two weeks of medical treatment, and the victim was suffering from the inner side for about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of the Acts and subordinate statutes of photograph, injury diagnosis report (E);

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. Article 62 (1) of the Criminal Act;

1. The defendant and his defense counsel asserts that the defendant had a state of mental disability under the influence of alcohol at the time of the crime in this case.

In light of the records of this case, even though the defendant was in a drunken state at the time of the crime of this case, considering all the circumstances such as the background, mode, and the defendant's behavior before and after the crime of this case, it does not seem that the defendant had a weak ability to discern things or make decisions under the influence of alcohol at the time of the crime of this case.

Therefore, the defendant and defense counsel's above assertion is not accepted.

The reason for sentencing is [the range of recommendations] the range of habitual injury, repeated injury, and special injury (Habitual injury, repeated injury, special injury) and the mitigation area (1 year and six months to two years and six months) (special mitigation) (including serious efforts to recover damage).

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