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(영문) 청주지방법원 영동지원 2013.05.30 2012고단361
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)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

Around 13:00 on February 2, 2012, the Defendant violated the Punishment of Violences, etc. Act (collectively weapon, etc.) used the victim’s face at the victim D (69 years of age) who claimed his/her authority in his/her residence, and assaulted the victim with three times the victim’s hump (120cm in length, length, 4 cm in width) using the victim’s hump, which was a dangerous object used in his/her hand, with the victim’s hump (120cm in width, street length, 4 cm in length) in order to use the victim’s hump in his/her village agricultural view, for which the Defendant claimed his/her authority.

Around 18:40 on August 29, 2012, the Defendant violated the Punishment of Violences, etc. Act (injury by collective weapons, etc.) committed an injury to the victim, i.e., in the face of the above D with a brupt (120cm in length), which is a dangerous object used by the said victim in his/her hand, due to sound in the above agricultural administration at the place indicated in paragraph (1) of the same Article, and caused an injury to the victim, such as an inner heat and the left-hand leged salt, etc., which require approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Witnesses D and E's respective legal statements;

1. A written diagnosis of injury;

1. Application of related Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 260 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act; Article 257 (1) of the Criminal Act concerning the punishment of a deadly weapon;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravated Punishment of Violences, etc. which is heavier than punishment, as a concurrent crime for the punishment prescribed in the Punishment of Violences, etc. 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. Determination of the scope of the sentence under the Act on the Grounds for the Sentencing of Article 62(1) of the Criminal Act (the conditions favorable to the reasons for the sentencing below) shall be made by determining the scope of the sentence for individual crimes committed from 1 year and 6 months to 22 years.

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