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(영문) 청주지방법원 제천지원 2013.09.12 2013고단590
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

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

On February 24, 2013, at around 19:00, the Defendant, within the E community hall located in Chungcheongnamyang-gun, Chungcheongnamyang-gun, and from the victim F (72) to the village, had the victim talked about the fact that the Defendant had her previous victim, and had him her talk about the fact that he had her had her before, and had him her talk about the same, as her, and brought about a kitchen (20 cm a day length, 32 cm in the total length) which is a dangerous thing in the kitchen, and brought about the victim's knife one time with the same knife, and sustained the victim with the same knife for about three weeks of medical treatment.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of F in the interrogation protocol of the accused by the public prosecutor;

1. Records of seizure and the list of seizure;

1. The application of Acts and subordinate statutes to photograph the damaged part of the letter of diagnosis (F) and photographic materials taken by F;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing in Article 62-2 of the Social Services and Criminal Act is committed with the victim's own kitchen knife and the victim's face, face, and boom during the conflict with the victim, and there is a high risk of the act.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant has committed a contingent crime under the old age, the defendant has agreed with the victim, and the defendant has no criminal record within 10 years, and considering all the sentencing conditions and sentencing guidelines in the trial process, the sentence like the order shall be imposed by integrating all the sentencing conditions and sentencing guidelines.

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