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(영문) 춘천지방법원 2013.09.12 2013고단677

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

At around 23:00 on June 30, 2013, the Defendant: (a) brought the victim D (the 66-year-old) who was in Gangwon-gun C with intent to pay the money in return for the Defendant’s purchase and loan; (b) brought the victim’s desire to pay the money between the Defendant and the Defendant; and (c) brought the victim’s humf (the 68 cm in total length, the 35 cm in length on the day) which is a dangerous thing for the Defendant to do so (the 68 cm in length, the 35 cm in length of the day) with the victim’s humf and threatened the victim with the direction of the humf.

Accordingly, in order to restrain the defendant, the part of the damaged part cited by the defendant, and the defendant, with this part of this part of this part, obtained the part of the victim's finger, and then deducted the part of the victim's fingers in the future, thereby cutting down the victim's right hand hand hand, making the victim beer for about 6 weeks of treatment, and cutting down the victim's whole 2 balance for about 6 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Records of seizure and the list of seizure;

1. Damage photographs and on-site photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

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. 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 extenuating circumstances among the reasons for sentencing);

1. Probation and community service businesses under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Code of Confiscation [Determination of Punishment] - In cases of habitual injury, repeated injury, special injury (special person in special form ] habitually injured person, repeated crime, injury, special injury (including special person in special form ) - In cases where the element of mitigation is not punished (including efforts to recover damage), or considerable damage is recovered, the injury [determination of the area of recommendation] - The basic area / [determination of the area of recommendation] 2 to 4 years [whether suspended sentence] - Major reasons for major reference are committed by a negative organization or multiple force, or deadly weapons and others.