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(영문) 춘천지방법원 속초지원 2015.03.11 2014고단479
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

Around 22:40 on July 21, 2014, the Defendant asserted the assault of the victim, such as that the victim E (years 51) and the Defendant was at the price for the parts of the Defendant’s neck with the Defendant’s hand, etc. In response to the assault of the victim, the Defendant: (a) assessed three times the parts of the victim’s head and face; (b) assessed three times the parts of the victim’s head and face; and (c) inflicted an injury on the victim, such as the snow pool and open body around the snow for about 28 days.

Accordingly, the Defendant carried an empty beer, which is a dangerous thing, and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the accused by the prosecution (including E and F large part);

1. On-site photographs;

1. Application of Acts and subordinate statutes of the Eth bodily injury certificate;

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., Supreme Court Decision 201Da1548, Apr. 1, 201);

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

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