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(영문) 춘천지방법원 강릉지원 2014.11.05 2014고단858

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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

However, 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

1. On July 1, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) committed an injury to the victim, such as an open top of the wall after a chest for about two weeks, where the Defendant took part in a dispute with the victim D(the age of 47) with his/her usual knowledge that he/she would drink together with the victim D(the age of 47). While he/she had a dispute with his/her usual knowledge, he/she took part in a dangerous object under the head of the Defendant’s wife, he/she took part in the part of his/her body, such as a dangerous object under the head of the Defendant’s wife, and the victim took part in a single step.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

2. Violation of the Road Traffic Act (driving) led the Defendant to a car owned by the Defendant in the state of being drunk with the blood alcohol concentration of 0.153% at the same time and at the same place as the above paragraph (1).

The driver was driving approximately 2 meters of electric power and 2 meters of driving.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the long-term punishment for each crime is added up);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated for the reason of sentencing);

1. Circumstances and defendants who are disadvantageous to the reasons for sentencing under Article 62-2 of the Criminal Act, such as the probation, community service order and order to attend a lecture, the fact that the defendant recognized his mistake and repented, the victim's damage level is relatively minor, and the victim has reached an agreement with the victim, etc. of the same kind of crime record.