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(영문) 춘천지방법원 원주지원 2014.12.09 2014고단937

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

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

except that 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

On September 20, 2014, the Defendant: (a) around 17:15, on the side of the Doradong-dong Dora, the dwelling of the victim C(76 years of age). On September 20, 2015, the Defendant: (b) Dana reported that the victim parkeded the Matoba, “at the Dona, it is necessary to report if the Dona was a director in this Dong-dong Donax; (c) the victim did not report; and (d) the victim’s duna, and (d) the victim’s face was taken by drinking, and the victim’s head was blick, which is a dangerous object cited by the Defendant.

Since then, the defendant got out of the victim's residence, the victim's assault was destroyed by a door of 60,000 won at the market price owned by the victim in front of the victim's residence.

As a result, the Defendant carried dangerous objects and inflicted injury on cerebral celeba, etc. which requires medical treatment for about 21 days, and damaged the property owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes on receipts;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 257 (1) of the Criminal Act and Article 366 of the Criminal Act concerning the punishment of crimes;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up long-term punishments);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (Consideration, reflectiveness, agreement, etc.);

1. Article 62 (1) of the Criminal Act (Reasons for discretionary mitigation and age of defendants, etc.);