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(영문) 청주지방법원 제천지원 2014.11.06 2014고단407
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was in a relationship with the victim C(n, 43 years of age).

On August 25, 2014, the Defendant: (a) around 01:50 on August 25, 2014, around 01:50, the Defendant: (b) made the victim’s face one time with the Kapet operated by the victim E, which was operated by the victim in Dacheon-si D, on the ground that the victim was not contacted by the defendant; (c) made the victim’s face one time with a prote delivery of dangerous objects; and (d) damaged the victim’s reputation that requires approximately two weeks of treatment.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. On-site photographs and victim photographs;

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

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 grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act, the Defendant agreed smoothly with the victim, the Defendant has no criminal records, other than the punishment of fines due to drunk driving, and other various sentencing conditions, shall be taken into account to determine the sentence as ordered.

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