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(영문) 춘천지방법원 원주지원 2014.06.03 2014고단269

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 three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 12, 2014, the Defendant: (a) around 10:00 on the front day of the Won-si, on the ground that the victim D (the age of 38) acted without any example; (b) threatened the victim with a fluoral disease, which is a dangerous object on the bench; (c) threatened the victim with a fluoral disease, which is a dangerous object on the fench; and (d) caused the above fluor's disease, led the victim to a second fluoral knife that requires treatment for about 11 days.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of the Medical Certificate (D) Acts and subordinate statutes;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., reflectiveness, agreement, absence of criminal records of suspended execution or more, and the health conditions of defendants);

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