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(영문) 청주지방법원 영동지원 2013.10.10 2013고단87
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 22, 2009, the Defendant was sentenced to two years of imprisonment with prison labor and three years of suspended execution due to injury in the Young-gu Branch of the Cheongju District Court on April 22, 2009 and the same criminal records are added once.

Criminal facts

On May 11, 2013, at the second floor in the construction site of the F Housing site of the Chungcheongnam-dong, Chungcheongnam-gu, Chungcheongnam-do, and the defendant, at around 10:00, followed the victim's bridge by having received a claim from the victim G (70 years of age) who was on the first floor in the front floor, to the effect that the passage of the vehicle would be obstructed due to the construction work, while working as a human father, and two wooden trussess in the victim's location (a 6.c., 6cm, 12cc., 8cm in height, 56cm in width, 12cc., 8cm in height, 8cm in height, 8cm in height).

As a result, the defendant carried dangerous things with the victim and carried them a warning to the right side which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement in each police statement related to H;

1. Entry into the records of seizure and the list of seizure;

1. Description of the written diagnosis of injury;

1. Application of respective visual Acts and subordinate statutes to the scene photographs of damage;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the defendant reflects his/her mistake and that the victim seeks the wife against the defendant by the unanimous agreement with the victim);

1. Although the crime of this case is not good in light of the fact that the defendant committed another crime of this case since one month after the period of suspension of execution expires, and that the defendant might have been faced with the head, etc. of the victim, which is dangerous objects in the second floor, and that there may have been a serious injury if the defendant was faced with the head, etc. of the victim, the crime of this case is committed contingently in the course of a conflict with the victim, and the defendant committed the crime of this case in the course of a conflict with the victim.

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