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(영문) 춘천지방법원 2014.08.19 2014고단158

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

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

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

[2014 Highest 158]

1. Partial statement of the defendant;

1. Part of the witness C’s legal statement;

1. Legal statement of witness D;

1. Statement made by the police in relation to C (excluding the part that the defendant has disembarked once a part of this part);

1. Statement made to D by the police;

1. Each photograph;

1. The above part of the facts charged is sufficiently acknowledged when taking account of the above evidence, especially the witness witness D’s testimony and the victim’s e-mail photo, etc., which are the part corresponding to the facts charged, while asserting that there is no fact that the Defendant did not take the part of the victim C’s e-mail in favor of him, and the witness C also made a statement to the effect that the Defendant was forced to get out of the floor in favor of him, and that this part of the statement by the police was found only to have taken advantage of his e-mail. However, in light of the above evidence, the above part of the facts charged is sufficiently recognized. Furthermore, the witness C’s part of the legal statement is not believed. Furthermore, the Defendant asserted that there was no fact that he took part of the victim D’s e-mail. However, according to the above evidence, this part of the facts charged is recognized, and it is not believed that part of the witness C’s legal statement

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to an investigation report (F, G telephone statement hearing);

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act; Article 257 (1) of the Criminal Act; Article 257 (1) of the Criminal Act; Article 366 of the Criminal Act; Article 231 of the Criminal Act; Articles 234 and 231 of the Criminal Act;

1. Articles 40 and 50 (1) of the Criminal Act with respect to the ordinary concurrent crimes;

(a) Between the crimes of forging a private document under each paragraph 2, punishment imposed on the crimes of forging a private document in the name of F with heavier criminal situation, and punishment (2) No. 4 of the judgment;

(a) each of the crimes of forging each of the private documents of paragraph 4 is added to the crimes;