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(영문) 청주지방법원 2014.10.30 2014고단1037
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 19, 2014, the Defendant, at around 22:25, around 22:25, 2014, performed drinking together with the Defendant E (the age of 47) of “D” located in “D” located in “D” in “Cheongju-si, the Defendant, while drinking drinking together with Defendant E (the age of 47), was the body of the Defendant’s fluor who was the Defendant’s fluor, and the Defendant prevented the Defendant, but the Defendant did not hear the horses, the Defendant was arguinged by the Defendant’s fluor, a beer who was a dangerous object on the table.

As a result, the defendant suffered a wound of approximately 2 cm in the condition of the head of the non-treatment day.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes governing evidence 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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., that there is an peny, that there is a child to be supported, that there is a worker's club and sibling wanting to leave the ship, that the victim's act committed by deceiving the female's body, that the victim's act committed the crime, that the degree of the victim's injury is not much serious, and that the victim and the victim have agreed to do so smoothly);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

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