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(영문) 춘천지방법원 강릉지원 2013.08.14 2013고단325
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 22:40 on May 10, 2013, the Defendant joined with the victim E (the age of 48) and F while he was taking meals with his children in the 'D' restaurant located in Gangseo-si C.

F was time to see why the Defendant’s words “the harm” was defective, and the victim expressed the Defendant’s desire to read “the Defendant’s children” as “the Defendant’s children,” which is a product that is dangerous to the right hand, and the victim’s head part was cut one time.

As a result, the defendant puts the victim two weeks of treatment, requiring two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the arctal and diagnostic documents (E);

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 and Article 55(1)3 of the Criminal Act for discretionary mitigation [see, e.g., that there are circumstances that may be considered in light of the circumstance that the crime of this case was committed in a contingent manner, when the defendant's mistake is against the defendant, that the victim and the defendant agreed smoothly with the victim, and that the defendant listens to the insulting speech from the victim in the location reported by his children];

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

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