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(영문) 청주지방법원 2016.02.16 2015고단1835
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

At around 16:25 on May 19, 2013, the Defendant, in front of the house of the victim D (47 cm) located in Cheongju-si, Cheongju-si, on the ground that the Defendant was trying to return home by passing through the victim's house, and thus, the Defendant first put the victim into five folds of the right side (35cm in total length, about 13 cm in length) that the Defendant was in possession of a dangerous object to do so during the process of setting up against the victim, while the victim and the victim were in a rash dispute with the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Each statement of the defendant, D, and E in the protocol of interrogation of the suspect against the defendant by the prosecution;

1. Statement made by the prosecution against E;

1. Statement made by the police against D;

1. Police seizure records;

1. A medical certificate of injury (No. 11 No. Serial of evidence list);

1. Application of photographs, photographs, photographs, and Acts and subordinate statutes to the scene of crime;

1. Articles 258-2(1) and 257(1) of the Criminal Act related to criminal facts (see Supreme Court Decision 2015Do17907, Jan. 28, 2016)

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act for the Reduction of Small Quantity (the factual basis is recognized, and all of the facts are deemed to have been committed contingently with respect to the speech, humiliation, and attack of the young and young victims; there is no record of criminal punishment even after the aged; the degree of injury suffered by the victims is not limited; the Defendant also suffered considerable assault due to the instant case; the Defendant’s son and his son wanted to leave the front line, etc.)

1. Six months of imprisonment to be suspended;

1. The defense counsel's argument regarding the defense counsel's argument under Article 59 (1) of the Criminal Code of the Suspension of Sentence (recognating the grounds for mitigation of the above amount) is the defendant's defense in order to protect the body from the victims of the 40th century who assaulted the defendant who is a senior citizen.

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