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(영문) 청주지방법원 제천지원 2015.09.17 2015고단348
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 and the victim C(57 years of age) are friendly.

On July 9, 2015, the Defendant, at the point of “E” located in Chocheon-si D on July 21, 2015, caused injuries to the victim, such as damage of the head and the inner part requiring treatment for about two weeks, by using the victim’s hand floor, which is a dangerous object on the table of the body.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. A report on investigation (C counter-investigation);

1. A medical certificate (C);

1. Application of statutes on 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 on the part of the victim's head on the part of the main of the defendant's disease is a considerable disadvantage to the defendant, and the defendant has agreed to do so only with the victim, confession and reflects the crime of this case, and the fact that the defendant has no criminal record of suspended execution or more during the last ten years 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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