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(영문) 청주지방법원 제천지원 2014.07.24 2014고단40
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On September 21, 2007, the Defendant was sentenced to four years of imprisonment with prison labor for murder, attempted murder, etc. at the Cheongju District Court Jeju District Court Support on November 30, 201, and the remaining term of imprisonment has expired on July 7, 201.

At around 02:00 on August 7, 2013, the Defendant: “Around 02:0, the victim E (the age of 48) tried to engage in an operation on the part of the second floor of the building located in Seocheon-si, “In the main station, the victim E (the age of 48) tried to engage in an operation on the part of the Defendant’s “humbbing”; and, at the same time, the Defendant saw the victim as the victim during a dispute with the victim; “Is the flame, internal, and the flame shall not flad, and the flame shall not flad, the flame) of glass material, which is a dangerous object on the customer’s right angle, followed the victim’s face at approximately 1m ahead of the table, and shocked the victim’s face.

As a result, the Defendant carried dangerous articles with the victim and inflicted injury on the victim, such as cerebral alky which is in detail necessary for treatment for about two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness E;

1. Photographs description, medical opinion, and photograph;

1. Before judgment: Application of Acts and subordinate statutes to inquiry reports, personal identification and confinement status inquiry reports, investigation reports (a copy of summary order, etc.);

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. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Determination on the assertion by the Defendant and his/her defense counsel under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation

1. The summary of the assertion was merely the Defendant laid the beer knish, and there was no intention to inflict injury on the victim.

2. According to the evidence duly examined by this Court, the defendant was in a state where he was placed on the front line of the table table, such as the victim, and the victim was in a state where he was seated.

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