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(영문) 청주지방법원 제천지원 2014.10.02 2014고단303
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 became final and conclusive.

Reasons

Punishment of the crime

On May 26, 2014, the Defendant: (a) committed an injury to the victim, such as salt, tension, etc. on the left side of the victim, by misunderstanding that the victim D (Woo, 72 years of age) stolen pots, etc. from the Defendant’s home at the Defendant’s office; (b) 3 times, and two times, the back gate of the victim’s left side, which is a dangerous object, caused the victim to suffer approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes governing the pipe photograph;

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. The fact that there is no agreement with the victim on the reason of sentencing under Article 62(1) of the Criminal Act is disadvantageous to the defendant.

However, the defendant has no record of punishment, the payment of some medical expenses, and other conditions of sentencing, such as the age and economic ability of the defendant, shall be determined as the sentence.

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