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(영문) 청주지방법원 충주지원 2015.07.10 2015고단196
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

Seized one panty (No. 1) shall be confiscated.

Reasons

Punishment of the crime

At around 13:45 on May 19, 2015, the Defendant collected Rapanty (name 29.5cm, weight 1kg) that is a dangerous object against the victim, and caused the victim to go back to E, who was a woman living together, to drink with the victim D, who was a woman living together with C, 805 Dong 601, and went back with the victim E., and then the victim returned to E., who was the victim.

이에 피해자가 화가 나 “오빠, 생일상은 교도소에서 먹게 해줄게”라고 하자 피고인은 격분하여 그곳에 있던 부서진 서랍장 조각을 피해자를 향해 던져 이 조각이 벽을 맞고 튕기면서 피해자의 뒤통수 부위를 맞게 하였다.

Accordingly, the defendant injured the victim about two weeks of treatment, such as the next head cover and open top cover.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of suspect examination of the accused (including the statement in D);

1. Each police statement concerning D;

1. Seizure record and list;

1. Each photograph, and a detailed statement of reported case processing;

1. Application of the Acts and subordinate statutes to reports on occurrence, internal investigation and investigation reports;

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. For the reason of sentencing under Article 48 (1) 1 of the Criminal Act, it is inevitable to sentence the criminal defendant, considering that the criminal defendant has already been punished for the same kind of crime and that the criminal defendant has suffered relatively serious injury due to the criminal act of the defendant;

However, the defendant is generally recognized to commit the crime and the victim does not want the punishment of the defendant, and the decision is made in consideration of all the sentencing conditions specified in the records and arguments of this case.

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