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(영문) 춘천지방법원 원주지원 2014.07.24 2014고단517

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 18:50 on May 23, 2014, the Defendant, in front of his residence and the victim D (the age of 67) (the age of 18:50), was under the influence of alcohol, took a bath for the victim, boomed the victim, added dangerous articles located adjacent to the main gate, added the victim a dangerous article, and used the victim's face, 5-6 times the victim's face and the chest part, and assaulted the left side on one occasion due to the finger.

As a result, the defendant carried dangerous things and inflicted injury on the victim, such as the inside and outside of the therapy period.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to photographs, such as damaged parts;

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 (see, e.g., reflectiveness, agreement, and no criminal record of suspended execution or heavier punishment);

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

1. Probation under Article 62-2 of the Criminal Act;