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(영문) 춘천지방법원 강릉지원 2015.06.24 2015고단265

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for three years.

except that the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:00 on February 12, 2015, the Defendant, while drinking alcohol together with the victim E (Nam, 78 years of age) in the Drown-si, Gangnam-si, the Defendant: (a) held a kitchen (30cm in total length, approximately 20cm in knife length, about 20cm in knife) which was a deadly weapon with the victim on the ground that the victim was bread while drinking together with the victim E; (b) while drinking alcohol, the Defendant took a breath of the victim’s chest, which was a deadly weapon with the victim’s own room, and caused the victim to grow the chest in the treatment days, such as breath of the victim’s chest to tear, 200 meters, and so on.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes for the explanation of the victim's photograph and the photograph of the crime tool;

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. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (in addition to fines on two occasions every 30 years to the accused, there is no criminal record other than fines, and considering the fact that the degree of injury to the victim is not significant) or more;