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(영문) 청주지방법원 충주지원 2013.12.06 2013고단609
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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

1. Around 22:25 on July 29, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) committed an injury to the victim, such as an open body of the part in which the victim E (the age of 52) is in need of approximately two weeks of medical treatment, on the ground that the victim E (the age of 52) said the Defendant “any other customer would cause harm to his/her will.”

2. From around 22:25 on July 29, 2013, the Defendant: (a) committed assaulting E, as referred to in paragraph (1) at the above “D” pool, the Victim F (n, 47 years of age) of E was blicked twice the victim’s face by drinking flick; (b) flicking the victim’s blick, and flicked the victim’s blick, thereby taking approximately two weeks of treatment into account the victim’s blick.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of E and F;

1. On-site photographs;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment of a medical certificate);

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime (the point of injury and the choice of imprisonment with labor);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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: The defendant inflicted injury upon the victims, such as taking the beer balance, which is a dangerous object, to the victim E, which may lead to a serious result: The defendant agreed with the victims; the defendant reflects the crime; the defendant's age, character and conduct, occupation, family environment, etc. are shown in the records.

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