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(영문) 춘천지방법원 2015.09.08 2015고단695

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 27, 2015, at around 08:40 on May 27, 2015, the Defendant, in front of the victim D(77 years of age), was requested by the victim to store scrap metal, etc. accumulated around the Defendant’s container, and caused the victim’s injury to the victim during treatment days by taking the victim’s arms at several times, taking the victim’s arms and side gates, and taking the victim’s arms and side gates.

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 showing on-site photographs, stick photographs, and victim's condition;

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 (Considering the circumstances, such as the fact that the defendant is a person of Grade I or Grade I with a mental retardation and a person of Grade I with a hearing body, that the defendant has agreed with the victim smoothly, that the defendant has no power to commit the same kind of crime);

1. It is so decided as per Disposition on the grounds that the suspended execution is more than Article 62(1) of the Criminal Act (recognisive grounds for discretionary mitigation);