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(영문) 청주지방법원 2014.05.16 2013고단1067
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

On July 15, 2012, around 22:45, the Defendant has a dispute with the victim E (the age of 60) seated in the Defendant’s seat at the “Dju shop” located in Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, and the victim E (the age of 60).

B. In 2 times, the victim's head was fluored twice due to a fluor's disease, which is a dangerous object on the table, and the victim's head and body fluor continued to go out of the above main point and on several occasions due to a monar, which is a dangerous object.

As a result, the Defendant carried dangerous objects and inflicted injury on the victim, such as cutting down the body frame on the left side in need of treatment for about 8 weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement of E and F;

1. Application of Acts and subordinate statutes of Part II of the written request for investigation report (where a statement of opinion is attached, etc. to the victim), and the written request for entrustment;

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 mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act (The following factors for sentencing have been repeatedly taken into consideration for the defendant);

1. Circumstances favorable to sentencing under Article 62-2 of the Criminal Act for probation and community service order: The victim does not want the punishment by mutual consent with the defendant; the defendant is seriously against the defendant; the number of self-denunciation (the escape of the period is considered as the following disadvantageous circumstances): the suspended sentence is sentenced for the same kind of crime in 1994 and 2005; the victim was injured with a deadly weapon; the victim was injured with a deadly weapon; the escape was made after the occurrence of the crime in the case; the crime in the case of violent crime sentencing; the punishment shall be determined as ordered in consideration of all the conditions of the sentencing within the scope of the recommendation [the punishment shall be imposed] set forth in the sentencing guidelines for violent crime.

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