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(영문) 춘천지방법원 원주지원 2016.05.24 2010고단692

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 24, 2010, the Defendant: (a) was a Chinese citizen on August 24, 2010; (b) 18:40, the Defendant: (c) ambling the victim D (48 tax) and drinking alcohol at the ambari-gun C Man-gun B; (d) destroyed the victim’s chest part of the victim’s chest, which is a dangerous object, on the ground that the victim d(48 tax) and ambling the victim’s desire to neglect himself; and (d) amba, which is, the victim’s injury, such as a chest, whose number of days of treatment cannot be known to the victim.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A protocol concerning the examination of suspects of D;

1. Application of Acts and subordinate statutes to arrest and report the occurrence of a case;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The reasons for sentencing in Article 62-2 of the Criminal Act for the observation of protection and observation are that the defendant has reached three times the part of the victim's chest due to a shouldered softener, which is very dangerous behavior.

However, the degree of injury of the victim is not severe, and the victim does not want the punishment of the defendant.

The punishment shall be determined as ordered by taking into account such circumstances and the defendant's age, occupation, sex, the details of the crime, and the circumstances after the crime.