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(영문) 청주지방법원 제천지원 2015.09.17 2015고단351
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a victim C(45 years of age) and a relative with the defendant.

At around 18:30 on June 30, 2015, the Defendant: (a) while drinking alcohol in “E” located in “E” as of 18:30 on June 30, 2015; (b) took a dispute with the victim; and (c) collected tree chairs, which were dangerous articles around Blab Blab; (d) assessed the victim’s head part of the victim’s head on one occasion; and (e) took the victim’s head part on the part of the days of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Reports on internal investigation (the statement of the victim C);

1. Application of statutes, such as site photographs;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. The defendant's act of putting the victim's head into a tree with a significant risk is that the defendant's act is disadvantageous to the defendant, and the defendant has agreed to do so only with the victim, the confession of the crime of this case and reflects it, and the fact that there is no criminal conviction or heavier than the suspended sentence is favorable to the defendant.

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.

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