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(영문) 청주지방법원 충주지원 2014.01.17 2013고단659
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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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 03:00 on September 12, 2013, the Defendant, at the Defendant’s house located in Chungcheongnam-si, was broken the Defendant who was a de facto marriage spouse at the Defendant’s house located in Chungcheongnam-si, thereby inflicting injury on the victim’s left hand, with each item (150cm in length), which is a dangerous object that was towed by moving the victim’s head scam and being towed up to the entrance, and then being towed up on the entrance. In response to the number of handbucks, etc., the Defendant inflicted on the victim’s 21-day cump and tension, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. On-site photographs;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act: considering various circumstances, such as the defendant's age, character and conduct, occupation, and family environment, when the defendant was injured by the victim as a dangerous object, and circumstances favorable to the criminal that may lead to a serious result: The defendant agreed with the victim; the defendant and the victim seems to maintain a smooth de facto marital relationship again after the instant case; the defendant has no criminal record other than the three-time fine; the defendant reflects the crime; the defendant's age, character and conduct, occupation, family environment, etc.

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