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(영문) 춘천지방법원 속초지원 2015.05.29 2015고단164

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

Reasons

Punishment of the crime

[Criminal Power] On September 27, 2013, the Defendant was sentenced to a suspended sentence of two years in August, 2013 by imprisonment with prison labor for violating the Road Traffic Act (not taking measures after accidents) at the early branch of the Chuncheon District Court.

【Criminal Facts】

Around 01:55 on April 24, 2015, the Defendant, within “E danran” operated by the victim D (Inn, 59 years of age) of Sinsi-si, the Defendant, alone, listened to the victim’s phrase “dwarped the instant cup on the floor, so as to see why the Defendant she dnife the instant cup while drinking alcohol on the floor, how she dnife, why she dnife, why she dnife, and why she dnife,.” Then, the Defendant, when following the victim’s back to the drinking water, she dnife beer disease, which is a dangerous object on other tables, at the time when the victim’s back to the drinking water, she dnifeed the victim’s back head and flife the victim’s knife with another beer disease.

As a result, there was a brain 4 balance inside the right side, diversal coordinate, etc. that require the victim to receive approximately 21 days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. On-site and photographs of damage;

1. A written diagnosis of injury;

1. A previous conviction in judgment: A review report on criminal records, a criminal investigation report (report accompanied by a copy of the judgment), and a copy of the judgment (2013 Height154) shall apply to statutes;

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. Circumstances favorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation: The injury is not relatively much severe, the confession is made, there is no same criminal record after 2004, the circumstances that have been agreed with the victim, which are disadvantageous to the victim: The crime during the period of probation, the degree of assault is not easy, and the decision of sentencing that many persons having the same criminal records are sentenced to imprisonment for a year and six months: