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(영문) 청주지방법원 2015.08.13 2014고단1497
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 became final and conclusive.

Reasons

Punishment of the crime

At around 04:30 on August 29, 2014, the Defendant collected plastic licker (11cm, 10cm, 10cm, 10cm in height), which is a dangerous article on the customer, and caused the victim to suffer approximately seven-day injury to the character of the oral livers and oral livers in order to treat the victim for about seven days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation report (related to hearing on telephone statements, such as the degree of injury inflicted upon the victim);

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

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 mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter below) of the suspended sentence [decision of a sentence] The reason for sentencing under Article 62(1) of the Criminal Act : (a) Violence Crime Group; (b) Type 1 of the Specific Injury resulting from Habitual Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi (Determination of the recommended area); (c) [Scope of the recommended sentence] the special mitigation area (In light of the background of the crime, means and attitudes of six months to two years (the lower limit of the statutory applicable sentencing), etc.; (d) the nature of the crime; (e) the defendant reflects the mistake; (e) the degree of the injury of the victim is relatively minor; (e) the victim does not want to be punished against the defendant; (g) the victim has the record of having received juvenile protective disposition twice by violence; (g) there

[Determination of Sentence] Two years of suspended sentence in one year and six months of imprisonment;

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