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(영문) 춘천지방법원 속초지원 2015.10.28 2015고단446

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

However, the execution of the above punishment shall be suspended for 3 years from the date of the conclusion of the judgment.

Reasons

Punishment of the crime

Around 17:55 on January 30, 2014, when the Defendant wants to carry a coffee at the D office located in the Sin Sin Sin Sin Sin from the victim E (Name and 51 years of age), the Defendant expressed the victim’s desire to “at least five times per day, he must live, rings, and rings.” On the other hand, the Defendant saw the victim’s left part of the victim’s left part by gathering the sled salt, which is a dangerous thing at that place, and continued to look into the victim’s fat, and assaulted the victim by taking the victim’s fat, making the victim’s fat, making the victim’s fat, and making the victim’s fat, making the victim’s head, and making the victim’s fat once the victim’s fat, with the fat at that place.

As a result, the defendant carried dangerous things with the victim and put the victim on the left side of the days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Photographs;

1. Application of Acts and subordinate statutes to report on investigation (verification of whether to treat a victim's hospital);

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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (the fact that the risk of committing the crime is considerable, such as lowering down the ear with salted fish, and does not reach an agreement with the victim, considering the fact that the previous conviction is limited to one time before the fine, the confession is made, and the defendant appears to require mental health treatment in light of the legal attitude of the victim, etc.);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);