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(영문) 춘천지방법원 2013.10.10 2013고단716

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On May 20, 2013, the injured Defendant: (a) around 21:00, on the grounds that the victim D(40 years of age) who fested alcoholic beverages on the side, and flocks at a restaurant located in Chuncheon City B; and (b) listened to the victim’s desire theory, such as “gye and gye,” and flicked from the victim; and (c) flicked the victim’s left eye on one occasion of drinking, the injured Defendant saw the victim’s eye, such as “hye and gye,” and gye in the area around the snow that requires three-day medical treatment.

2. The Defendant, in violation of the Punishment of Violence, etc. Act (collectively weapons, etc.) committed a knife with the victim at the time and place specified in paragraph (1) as above, and knife the knife, which is a lethal weapon, knife inside the body of the victim, and knife the victim’s knife, and knife the victim’s knife, and knife the victim’s knife, and knife

Accordingly, the defendant threatened the victim with a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Photographs of the suspect, tools, pictures of the victim, and part of the victim;

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

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 283 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime (the point of injury and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);

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. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Crimes No. 1 of the holding [Determination of Type] In general injury (Determination of the recommended field] of violence, the basic area [Scope of recommendations] 4 months to 1 year and 16 months;

2. Crimes No. 2 in its holding (decision of type).