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(영문) 청주지방법원 충주지원 2016.03.11 2015고단557
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 00:20 on November 16, 2015, the Defendant: (a) while drinking alcohol with the victim E (38 tax) located in Chungcheongnam-si, Chungcheongnam-si around 00:20, the Defendant: (b) caused the victim to go in a room for entertainment reception; (c) caused the victim to go in a room for entertainment reception; (d) caused the victim to go in a single room; (e) caused the victim’s head to go in a single room for entertainment reception; (e) caused the victim to go in a single room; and (e) caused the victim to go in a single room for fluscing him/her; and (e) caused the victim to go through the process of getting the victim to go out of a fluscam, which is a dangerous object, by blocking him/her by his/her hand, for about four weeks of treatment, such as the right 3 flood, which requires the victim’s treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A damaged photograph;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act (the reason for sentencing is that the sentencing guidelines are not applicable, but the amendment of the Criminal Act and the Punishment of Violences, etc. Act on January 6, 2016 made it impossible to use the part of the sentencing guidelines for special injury as they are.)

The circumstances that are disadvantageous: The necessity for punishment is high by causing injury to the victim with a dangerous product, and the extent of the injury suffered by the victim is not easy: The defendant recognized the crime and reflects depth; the victim expressed his/her intention not to punish by agreement with the victim; the above circumstances of sentencing, such as the defendant's age, sex, environment, circumstances, means and consequence of the crime, and the circumstances after the crime, etc., shall be determined as ordered by the order.

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