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(영문) 청주지방법원 제천지원 2014.12.11 2014고단446
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendants shall be punished by imprisonment for one year and six months.

However, as to the Defendants for three years from the date of the final judgment of this case, the Defendants are above.

Reasons

Punishment of the crime

1. On July 28, 2014, the Defendant: (a) around 22:30 on July 28, 2014, at a G cafeteria operated by the Victim F (F (FF, 47 years of age) E, the Defendant: (b) placed the victim’s right side of the victim’s head on one occasion by taking the victim’s two string of alcohol together with the victim, on the ground that the victim was placed in B while drinking alcohol with the victim and drinking alcohol with the victim; and (c) placed the victim’s two strings in the number of days of treatment.

2. Defendant B, at the time and place indicated in paragraph (1), deemed the victim A (year 47) to be both F as seen above, and the victim A (year 47) was able to go out of the restaurant, and the victim A (year 47) was scleeped with F’s cherbing and hump, and was scired by the victim A (year 47) according to the above F, the victim was scleeped with the victim’s head part in the front part of the house located in Y of the above restaurant, and 1 of the tree mon, which is a dangerous object in the Defendant’s vehicle parked on the left side of the restaurant, was 71cm in length, 3 cm in diameter, and 1) and put the victim’s head part in the front part of the tree h in the front part of the house located in Hayangyang-gun, Chungcheongnam-gun-gun.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the police investigation of the defendant A;

1. Statement of the police statement concerning F;

1. Records of seizure and the list of seizure;

1. On-site photographs;

1. Application of each reply letter (F), A statute;

1. The Defendants of relevant criminal facts: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants of the community service order: Article 62-2 of the Criminal Act

1. Confiscation Defendant B: Although the Defendants were able to have the same criminal power for sentencing under Article 48(1)1 of the Criminal Act, the Defendants committed the crime in this case, and the nature of the crime is not good because the method and result of the crime are not good.

However, the victims and the victims have agreed smoothly, and all other factors of sentencing are considered.

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