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(영문) 춘천지방법원 강릉지원 2015.12.02 2015고단1044

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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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 becomes final and conclusive.

Reasons

Punishment of the crime

On August 29, 2015, 2015, the Defendant stated that “A victim E (the age of 49) who drinks alcohol from other table table while drinking alcohol together with drinking alcohol and drinking it out of the body of the victim, expressed the victim’s desire to do the horses to the victim’s walk, thereby complying with this, the Defendant sent the victim to the above main line, and expressed the victim “Absk, I go to go to go to her.” On the ground of the disease, which is a dangerous object on the table of the above main line, the victim was placed on the head of the victim’s head, and had two main points requiring approximately two weeks medical treatment.

On October 22, 2015, the Defendant driven a F Truck with a blood alcohol content of about 0.095% in the section of approximately 500 meters from the KON to the front road of the Dongyang-dong located in Samyang-dong, Samyang-si, Samyang-si on March 22, 2015.

Summary of Evidence

"2015 Highest 1044"

1. Defendant's legal statement;

1. Statement to E by the police;

1. 112 Reporting Report 112 Report List, related photographs (shot photographs, such as damaged parts, etc. of the victim), diagnostic reports, investigation reports (stoves from the victim G), investigation reports (stoves from the victim’s site), and photographs related to the scene (stoves, such as site pictures), “the photographic photographs of the victim’s scene”;

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on the statement of the state of drinking drivers, the results of the crackdown on drinking driving, and the reporting on the state of drinking driving;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act (the occupation of inflicting an injury on carrying a dangerous object), Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the occupation of driving a sound and the choice of imprisonment);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 of the Criminal Act: