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(영문) 춘천지방법원 속초지원 2013.05.01 2012고단360

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

Text

A defendant shall be punished by imprisonment for 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 15:50 on November 29, 2012, the Defendant: (a) heard the victim C (man, 60 years of age) the phrase “I do not have any person,” but told the victim “I do not go to do so,” and (b) took a bath to read “I do, I do, I do, and do so, I do so, I would like to see that I would like to read “I do not have any person, I would like to do so, I would like to do so, I would like to do so, and I would like to go to the victim.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of the photographic Acts and subordinate statutes;

1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime, Article 260 (1) of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decisions 201Do1448, Apr. 21, 201; 201Do

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

1. The dismissal of prosecution under Article 62-2 of the Criminal Act on probation and community service order;

1. The summary of the facts charged stated in Paragraph 1, and at the same time and place, the Defendant publicly insultingd the victim C by stating that “Yingia, hingerless, hingerless, hingering, and hingering, who do not have a view value,” while assaulting the victim by the victim.

2. The judgment is a crime falling under Article 311 of the Criminal Act, which is a case where a prosecution can be instituted only upon a complaint of the victim under Article 312(1) of the Criminal Act. According to the written agreement and the written application of the written application of April 22, 2013 submitted by the defendant, the victim could have known that he/she expressed his/her wish not to be punished against the defendant after the prosecution of the instant case was instituted, and the victim wanted to punish the defendant.