(영문) 청주지방법원 2014.05.15 2014고단59

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(영문) 청주지방법원 2014.05.15 2014고단59

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 becomes final and conclusive.

Reasons

Punishment of the crime

Around 22:20 on December 14, 2013, the Defendant followed the disturbance by drinking alcohol at the “D” restaurant located in Cheongju-si, a substantial area of Cheongju-si, leaving a large interest and taking a bath, etc., and caused a dispute with the victim E (the victim E) who is his customer, the Defendant: (a) called the victim E (the victim E) to go out of the way; (b) the victim F (32 years of age) who is the victim E (the victim E) to go out of the above restaurant in order to smoke tobacco; (c) the victim F (the victim E) who is the one-way of the victim E (the victim E) was able to go out of the above restaurant; (d) the victim f (the victim’s face) f (the dangerous goods) f (the victim F (the victim F) f (the victim’s face); and (d) the victim f (the victim’s f (the victim’s f) f (the victim’s face), and f) f (k) the victim.

Then, the victim G (the 32 years of age) who is the driving of the victim F, the victim G (the 32 years of age) f, and the defendant flicked the victim G's knife to the chest part of the chest of the victim G, and flife the knife the knife of the victim E with the left part and caused the victim E to face the wall.

As a result, the Defendant carried a shoulder glass disease, which is a dangerous object, and inflicted injury on the victim F, on the part of the victim F, on the part of the inner mouth where the number of treatment days cannot be known, on the part of the victim G, on the part of the victim G, the damage of fingeral pathy that requires medical treatment for about 28 days, and on the part of the victim E, on the part of the climatic base, tensions, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F, G, and E;

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes to photographs, such as scene of crime;

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 first sentence of Article 37, Article 38(1)2 and Article 50 of the Criminal Act is the largest.

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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