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(영문) 청주지방법원 2015.11.19 2015고단1331
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than two years and four months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On August 4, 2015, the Defendant: (a) returned to C (the age of 32) and C, due to the problem of children, and (b) C, who had a strong objection to contact with D (the age of 32) the former husband; (c) from C on August 4, 2015, he was suspected of having a strong objection to meet C, and (d) on August 5, 2015, he was asked that C would be able to agree with the victim again, and (e) around 06:00 on August 5, 2015, the Defendant continued to go back (the total length: 28.5cm, and 16.5cm: 16.5cm) and sought to 105 E-House in the Gu Office

On August 5, 2015, from around 07:30 to around 07:40, the Defendant suffered “C” from the victim coming from the house to work in the above E apartment 105 East 105 East 3, but the victim suffered KRW 3 times of the victim’s head part, arms part 1, and chest part 1 of the chest part, which require approximately 3 weeks of treatment to the victim, on the road, which is a dangerous object for the victim to report to the police, “I n n n n n n n n n n n n n n n n n n n n n n n.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each police statement of C or D;

1. Investigation record of seizure;

1. A criminal investigation report (Attachment of a medical certificate of injury of a victim), a copy of medical records;

1. Application of Acts and subordinate statutes concerning visual recording of on-site CCTVs, field photographs, investigation reports (determination of the degree of injury), field photographs, and images;

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. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Violence crimes applicable to the sentencing criteria, habitual injury, special injury by repeated crime, type 1, and basic area (no person specially punished): Imprisonment with prison labor for not less than two years but not more than four years;

2. The Defendant was dissatisfied with C problem, and the risk of self-harm was confirmed, and forced hospitalization to the hospital on August 22, 2014, and uses alcohol.

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