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(영문) 청주지방법원 2015.08.20 2015고단699
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for a term of one year and eight 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 05:40 on May 4, 2015, the Defendant took a bath on the ground that the victim E (V, 45 years of age) who was a contact loan in the Dju-si Cheongju-si, Chungcheongnam-si, Chungcheongnam-si, did not comply with the sex relationship, and took a look at the two mains, which were dangerous objects on the table, and threatened the victim as if he were at time, while the president of Dju-si, who was entering the above 2 room, told the Defendant, and went back the head of the victim at one time, and continued to take the head of the victim's face two times in one way with the victim's face, and walked two times with the victim's right side two times in one way with the victim's right side, and damaged the victim's face as necessary for treatment during two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement to E by the police;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on site photographic materials;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Application of the sentencing criteria;

(a) The base violent crime, habitual injury, repeated injury, special injury, Type 1, and the area to be mitigated (any minor injury or aggravated element: No one year and six months to six months shall be punished by imprisonment;

(b) Criteria for probation [major reasons for probation]: Where a person commits a crime by carrying a dangerous object with him/her: A positive reason: There is no negative reason for a minor injury (the reason for general participation): An contingent crime and a considerable amount of deposit;

2.The sentence of sentence is determined by carrying two-way soldiers;

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