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(영문) 청주지방법원 제천지원 2014.07.17 2014고단197
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 March 29, 2014, around 03:30 on March 29, 2014, the Defendant, while drinking with the victim E (the age of 45) and drinking, had talked about the day of acting with the customer while driving on behalf of the customer on that day, and became a fighting match with each other due to mutual appraisal.

The Defendant, while fighting with the victim’s body with ebbbbbage and fighting with the victim, carried the victim’s body outside of the above main point, laid the part of the victim’s back head once again with the victim’s body by gathering one empty bottle from the ebbbbbage room where the victim was pushed up, and putting it into his hand. During the process of fighting with the victim’s body outside the main point, the Defendant saw the victim’s body as a shoulder bottle, which is a dangerous object, as seen above, and ebreed with the victim’s back head once. The victim saw the Defendant and ebreed the part of the victim’s body with the victim’s disease by the ebane.

As a result, the defendant had a deep side of the two sides, the right completion part, which requires approximately 28 days of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. Application of Acts and subordinate statutes of each photograph explanation and injury diagnosis report;

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 degree of damage to the reasons for sentencing under Article 62-2 of the Criminal Act is very serious and the quality of the crime is not good;

However, if the victim does not want the punishment of the defendant by mutual consent with the victim, the victim has no record of being punished for the same crime in addition to the punishment of the fine due to the violation of the Punishment of Violences, etc. Act in 1999, and all other sentencing conditions are taken into account, the punishment shall be determined as ordered in the same manner.

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