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(영문) 청주지방법원 2016.02.15 2015고단1560
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at around 06:10 on August 27, 2015, had the mind of the Defendant from G in the above main toilets of the State while drinking alcoholic beverages together with four persons, such as the victim E (24 years of age, leisure), F (30 years of age, leisure) and friendly G, and H, in the studio of “D” located in Heak-gu Seoul Metropolitan City, Chungcheongnam-gu, Chungcheongnam-gu.

He listened to the speech that F will grow with F.

The Defendant returned to the studio of the above main place, and 1 of the soft containing one and one of the softs. F’s body in the beer, the body of the victim E, and the body of the victim, when G et al. restrains it, the Defendant laid down the soft and the soft disease on the table, caused the soft to go to the right bucks of the victim E, and caused the victim E to go to the right bucks of the victim E, and caused to go to the victim E, such as the straw box and the soft box for treatment for about 14 days.

Accordingly, the defendant carried with the victim E, who is a dangerous object, and inflicted an injury on the victim E.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement protocol by the police for E;

1. Application of statutes to field photographs, photographs of damage, and written diagnosis of injury;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning facts constituting an offense (the point of inflicting an injury on a dangerous object);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is a major illness, which is a dangerous object of the defendant, causing bodily injury to the victim by committing violence. The nature of the crime is heavy in light of the implements of the crime and the circumstances of the crime.

However, as the defendant agreed with the late victim, the injured party does not want the punishment of the defendant.

The defendant is also aware of and against the crime.

The defendant is the first offender who has no previous criminal record.

In addition, taking into account various sentencing conditions shown in the argument of the instant case, community service is provided to the accused.

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