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(영문) 청주지방법원 충주지원 2013.11.29 2013고단613
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) was a brupted and simplified with C(A) and the victim D(55) was the same with E(E).

On July 10, 2013, at around 22:30 on July 10, 2013, the Defendant assaulted the victim, such as fating fat, while talking about the company that had previously worked as the victim as a company.

Afterwards, the Defendant took the part of the victim's horses and arms coming out of the above restaurant (65cm in length, 5cm in diameter) with each item (65cm in length, 5cm in diameter), which is an object dangerous to the victim's horses and arms, and C, which was adjacent to the Defendant, arrived at the contact of the Defendant, was at the face of the victim by drinking.

As a result, the Defendant conspired with C to give approximately three weeks of treatment to the victim, and caused the cerebral lele, the right shoulder, and the typology of the above arms, which are detailed in detail, which are open to the two main bodies.

2. The Defendant violated the Punishment of Violences, etc. Act (a collective weapon, etc. causing destruction of and damage to a deadly weapon, etc.) caused damage to property by getting off the property by getting off the property by getting off the property to one of the items (65 cm in length, 5 cm in diameter) which is a dangerous object to both gallons and a gallon in the market value of the victim’s possession, which was parked on the street in front of the Hnoode in the vicinity of the G cafeteria, due to paragraph (1) of the same temporary warning as in paragraph (1) of the same Article.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the defendant, D, or C;

1. Statement to J police officers;

1. On-site photographs;

1. A written diagnosis of injury (record No. 26 pages of evidence);

1. Application of the written estimate statutes;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 2 (1) 1 of the Criminal Act, Article 257 (1) of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 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 of the Criminal Act for discretionary mitigation.

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