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(영문) 춘천지방법원 강릉지원 2014.08.12 2014고단533

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

except that 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

On March 26, 2014, at around 20:0, the Defendant promised to transmit the victim F (the 16-year-old age) and the victim G (the 16-year-old age) to the mobile phone within E convenience stores located in Gangnam-si, Gangnam-si, 2014, but failed to transmit the victim’s pictures to the mobile phone before the victim F (the 16-year-old age-). The Defendant, after making the victims go the victim to the floor up on the floor, she was inside the victim’s gmons (the total length of approximately 40 cm) with about 10 times, enter the victim’s gembl with the victim’s gembl at the next convenience store office, and enter approximately 20 times the head, approximately 30 times the victim’s geml with his head, and three times the victim’s gembl with his head, and the victim’s geml at the victim’s glum.

As a result, the Defendant conspiredd with C to carry dangerous articles and inflicted injury on victims, such as brain-dead sugar, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Police suspect interrogation protocol regarding C;

1. The statement of each police officer made to F and G;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do148, Apr. 1, 201);

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