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(영문) 춘천지방법원 속초지원 2014.03.12 2013고단567
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

except that 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

around 04:10 on September 3, 2013, the Defendant had talked about landscaping business that had been done with the victim before drinking together with the victim D (the 51 year old) at the Defendant’s house at the Seocho-si, Seocho-si, 104, and 104 on September 3, 2013.

The Defendant laid down a softener’s disease towards the wall side of a toilet and broken it, and the victim collected another flusent’s disease located therein with the defect of “Is the fluor,” and collected another flusor’s disease. In addition, the Defendant left part of the victim’s left head once.

As a result, the defendant carried dangerous objects and carried them, which is impossible to identify the days of treatment, two parts of the body, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

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 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., that the degree of injury of the victim is relatively minor, that the victim does not want the punishment of the defendant, and that the defendant has no record of criminal punishment heavier than suspended sentence);

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more (the grounds for discretionary mitigation are repeated);

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