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(영문) 청주지방법원 충주지원 2013.08.23 2013고단398
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 becomes final and conclusive.

Reasons

Punishment of the crime

At around 00:10 on June 21, 2013, the Defendant: (a) placed the victim’s hair, neck, arms, etc. in front of the D Do Kinging Do, C, Qing Do, on the ground that the victim E (Wing, 46 years of age) was not able to talk with himself; and (b) placed the victim’s hair, neck, arms, etc. on the back of the D Do King Do, D Doking Doking Do, C, which is a dangerous object that the victim E was able to talk with her.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement of E (including the injury diagnosis certificate attached thereto);

1. Application of each statute on 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: Considering the following circumstances: (a) the Defendant was injured by the victim due to a flag, which is a dangerous article; (b) the Defendant agreed with the victim; (c) the Defendant did not have any criminal record other than the criminal record prior to the suspended execution due to one traffic accident at around 190; (d) the Defendant reflects the Defendant’s crime; and (e) other circumstances, such as the Defendant’s age, character and conduct, occupation, family environment, etc., which are

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