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(영문) 청주지방법원 2015.02.13 2013고단1447
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant, around 18:00 on August 29, 2013, in the restaurant plan of “D” located in Young-gu E (53 years of age) Cheongju-si, Cheongju-si, Cheongju-si, caused the beer’s disease, which was a dangerous thing in the side while doing a dispute with the victim E (53 years of age), and unloaded the part of the victim’s right back.

Accordingly, the defendant carried dangerous things and inflicted an injury upon the victim, which requires approximately two weeks of medical treatment, such as an open wound.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning a crime, Article 257 of the Criminal Act;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation reflects the defendant's wrongness.

그러나 피고인은 위험한 물건인 맥주병으로 피해자의 머리를 때렸고, 피해자는 두피가 찢어져 11바늘이나 꿰메야 했다.

As such, even though the Defendant was injured by the victim, the Defendant escaped from the scene of the crime without taking any measures against the victim.

Since then, the defendant seems to have not been aware of the victim's recovery of damage or the victim's negligence.

As such, in light of the poor quality of the crime of this case, it is inevitable to sentence the defendant as a sentence.

In addition, considering the age, character and conduct, the details and details of the crime, and circumstances after the crime, the punishment as ordered shall be determined by taking into account all the conditions of sentencing as shown in pleadings.

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