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(영문) 청주지방법원 2014.03.25 2013고단1457
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 17, 2013, at around 20:20, the Defendant discovered that the victim E and F are smoking tobacco on the front of the D cafeteria located in Sejong Special Self-Governing City C, and that “the victims are riding a cigarette” to the victims, and the victims considered “Ison’s superior” to the Defendant.

The Defendant: (a) made one time a part of the part of the victim E, which was 110cm in length, 2.8cm in diameter, and inside metal pipes, of plastic pipe for boiler, which is a dangerous object in possession of the Defendant, at the time; (b) made one time a part of the victim E, which was 1 once in arms, and one time in parts; and (c) made one time a part of the victim F, which was intending to cut the said plastic pipe, in the same way.

As a result, the Defendant suffered injury to the victim E, such as satise of the bones of wood, which requires medical treatment for about two weeks, and damage to satise of two skins that require medical treatment for about two weeks to the victim F.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E and F;

1. Investigation report (to make a statement at the G phone of a witness);

1. Each injury diagnosis letter;

1. Application of the photographic Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The sentencing period under Article 62(1) of the Criminal Act provides that the victims of the reason for sentencing under Article 62(1) of the Criminal Act do not want the punishment of the defendant, the extent of injury of the victims is not serious, and other factors such as the environment and health conditions of the defendant, and the circumstances after the crime shall be mitigated and the execution of the punishment shall

It is so decided as per Disposition for the above reasons.

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