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(영문) 청주지방법원 2012.12.21 2012고단2124
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for three years.

One industrial knife (No. 1) seized shall be confiscated.

In this case.

Reasons

Punishment of the crime

1. At around 17:00 on September 3, 2012, the Defendant: (a) within the central park located in 2, South-gu, Cheongju-si, a considerable amount of Cheongju-si; (b) the victim D (78 years of age) arguing that the Defendant’s dispute with C was protruding to the Defendant, and raised a dispute with the victim, while he was arguinging with the victim; (c) the victim took a bath to the victim; and (d) the victim took a bath to the victim; and (d) the part of the industrial kic (9cm length, 25cm in total length) of the victim, which is an object dangerous to the other hand, was placed in two times, a part of the victim’s et al., which is an unknown body body that requires approximately two weeks medical treatment.

2. The Defendant reported the victim E (70 years of age) who continued to sit in the above park on the date and time and place mentioned in Paragraph 1, and without any reason, left the victim's head back on two occasions with the upper part of the above knife, thereby leaving the victim two times more than two weeks of the victim's head, thereby leaving about two weeks of the victim's head back.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, D, and E;

1. Records of seizure and the list of seizure;

1. 12Report on the list of reported cases and report on the situation;

1. Application of Acts and subordinate statutes to photographs and medical certificates;

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. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. The crime of this case on the grounds of sentencing under Article 48(1)1 of the Criminal Act is a case where a large number of people inflict an injury on the aged by using a knife in park without any special reasons, and the contents and nature of the crime are extremely poor, the damage compensation is not made at all, and the punishment is determined as ordered in consideration of the age, character and conduct, environment, etc. of the defendant.

The acquittal portion

1. 공소사실의 요지 피고인은 2012. 9. 3. 17:00경 청주시 상당구 남문로 2가에 있는 중앙공원 내에서, 주변 사람들과 함께 윷놀이하는 것을 본...

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