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(영문) 춘천지방법원 속초지원 2014.10.15 2014고단313

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 of the final judgment.

Reasons

Punishment of the crime

At around 23:20 on July 4, 2014, the Defendant was punished by the victim E (the age of 42) and the trial expenses that had been engaged in drinking on the upper table of the D convenience store near the Seocho-si apartment at the front of the D convenience store where he was sitting and drinking the alcoholic beverages, but the situation where people in the surrounding areas around the fightd.

After all, the defendant collected two empty beer diseases in the above convenience points, and broken off two empty beer diseases in the house, and the empty beer disease is faced with two empty beer disease, and the part of the victim's elbow beer disease, which is a dangerous object being used on the left hand, is knife with the part of the victim's elbow with the treatment days.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Application of statutes on site photographs;

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 (including the fact that an agreement is made with the victim, the fact that the injury is relatively minor, and the fact that there is no criminal record of the same kind exceeding the fine);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. To prevent recidivism in light of the circumstances of the community service order and criminal records of the same kind, etc.;