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(영문) 춘천지방법원 속초지원 2013.09.04 2013고단162
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 27, 2013, the Defendant: (a) around 17:00, on the ground that the Defendant, at the Defendant’s house located in Gangwon Yangyang-gun, the victim D, who is a female living together (at the age of 58), demands a room for separate living, etc., he saw the victim’s face twice as drinking; (b) booms the victim’s breath by drinking, booming the victim’s breath with his hand; (c) booms the victim’s breath and body; and (d) booms the victim’s breath and body, and booms the victim’s hot wind and breath, etc.

2. At around 22:00 on January 28, 2013, the Defendant, at the place specified in paragraph (1) on the ground that the victim would cause damage to the money, caused the victim’s injury to the victim, by putting the victim’s left arm’s length on two occasions, taking two heads of the victim’s left arm’s length at one time, taking a dangerous object, etc. (i.e., 72 cm, Aluminium and wood material). The cosmetic was placed on the part of the victim, and the victim’s legs and body walk on several occasions, and caused the victim to suffer injury, such as cutting the shoulder on the left part of the victim, which requires treatment for about four weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Complaint;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment), Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act (the point of injury to carry dangerous articles) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da15488, Apr. 1, 2007) (see, 207Da1148, Apr. 2, 20

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

1. Probation under Article 62-2 of the Criminal Act;

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