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(영문) 춘천지방법원 속초지원 2016.02.17 2015고단592

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 31, 2015, the Defendant: (a) around 22:40 on October 31, 2015, D funeral ceremony No. 201, the victim E (51 tax), and F, who drinks alcohol together with the Defendant to pay the Defendant with the borrowed money; (b) on the ground that the injured party during the foregoing F and Sif, was faced with the Defendant’s face, she called “the person who borrowed money to the Defendant is no longer memory;” and (c) on the ground that the damaged party was faced with the Defendant’s face, she was collected from the Plaintiff’s head and face with the victim’s hand, who was at least ten times with the victim’s hair and face with the victim’s hand, and on the ground that the victim’s disease, which is a dangerous object around the table, was an assault against the victim’s face.

As a result, the defendant carried dangerous articles and carried the victim's body of the head of the U.S. head in the treatment days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. On-site photographs, CCTV photographs, CDs;

1. Application of Acts and subordinate statutes to investigation reports (related to attaching written applications to victim E and submitting a diagnosis report);

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act of the community service order: The majority of the previous convictions, and circumstances favorable to the gravity of assault: The fact that the victim has agreed smoothly with the victim and the injury of the victim is relatively insignificant;