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(영문) 청주지방법원 2014.04.17 2014고단217
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

1. From January 31, 2014 to February 1, 2014, the Defendant violated the Punishment of Violences, etc. Act (injury by group, deadly weapons, etc.), discovered that the victim E (year 52) was drinking with the original body while drinking, and found that the victim E (year 52) was drinking with the original body, and took one-time the victim’s head by gathering a high-pressure plate, which is a dangerous object without any justifiable reason under the influence of alcohol, and followed the victim’s bridge.

In this respect, the Defendant used a high-speed plate, which is a dangerous object, to put the victim into a two-way medical care for about one week, and to put the victim into the inner part.

2. On February 11, 2014, the Defendant: (a) around 23:20 on February 11, 201, at the restaurant specified in the above paragraph (1); (b) the victim demanded medical expenses for the crime specified in the above paragraph (1); (c) the victim’s face was 5 times patched by drinking; and (d) the victim’s right-hand satis, walking at one time, had the victim’s right-hand satis, and had the victim’s oral satis

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Investigation report (to direct the prosecutor);

1. A copy of the answer and medical record;

1. Application of standing photographs, crime escape photographs, and Acts and subordinate statutes;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment with labor);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the sum of the long-term punishments of the crimes above two crimes] among concurrent crimes and concurrent crimes resulting from a violation of the Punishment of Violences, etc. Act (a violation of the Punishment of Violences, etc. which is heavier than punishment)

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The crime of this case in the reason of sentencing under Article 62-2 of the Criminal Act of probation and community service order is committed.

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