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(영문) 청주지방법원 2015.09.14 2015고단571
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 9, 2015, at around 22:30 on April 22, 2015, the Defendant: (a) took a dispute with the victim E (the age of 55) at the “Dju shop” located in Jincheon-gun C; (b) took once a part of the victim’s drinking to the Defendant; and (c) took part in drinking to the Defendant; (d) took part in drinking to the victim on several occasions; (b) took part in drinking to the victim’s inner part of drinking; (c) took part in drinking to the victim, which is a dangerous object on the table; and (d) took part in drinking to the victim’s inner part; and (d) took part in drinking to the victim’s outer part of the said “Dju shop”; and (e) took part in the G bank located in Jincheon-gun, Jincheon-gun; and (e) took part in drinking to the victim’s face by assaulting the victim; and (e) took part in drinking and treating the victim’s face; and (e) took part in drinking two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. The police statement of H;

1. A report on investigation (Attachment of photographs of damage);

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on the spot and damaged photographs;

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. 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. The reason for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution [Determination of Punishment] The category 1 of violent crime group, repeated crime injury, special injury [Determination of the recommended area] Special mitigation area (the scope of sentencing] [the scope of sentencing recommended] the means and result of the crime between 1 and 6 months to 2 years and 6 months (the lower limit of applicable sentences under the law) (the lower limit of applicable sentences), and the degree of injury to the victim, and the victim is highly liable for the occurrence of the crime by assaulting the defendant first, etc.

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