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(영문) 춘천지방법원 영월지원 2014.04.04 2013고단556
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 three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person in a de facto marital relationship with a victim C (nive, 45 years of age).

On October 11, 2013, the Defendant: (a) around 21:30, the Defendant: (b) was on the part of the victim, who was suffering from a fluoral disease, which is a dangerous object for the victim to drink because of the victim’s heavy drinking, and (c) brought about a dangerous object on the part of the victim; and (d) twice the part of the victim’s right bridge.

As a result, the defendant put the victim on the side side and the right side side of the end of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. On-site photographs;

1. Application of Acts and subordinate statutes to an investigation report (report accompanied by medical records, etc.);

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 (Reasons for discretionary mitigation);

1. The crime of this case where the defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act (the grounds of the suspended sentence) of the Criminal Act, inflicted an injury on the victim with dangerous articles is not sufficient to commit the crime.

However, in light of the facts that the defendant is a primary offender, the fact that the victim who is suffering from alcohol-related symptoms shows that the defendant drinks alcohol, and the fact that the victim's degree of injury is not severe and the defendant's punishment is not wanting, etc., the defendant shall be reflected in the circumstances favorable to the defendant, and the various sentencing factors and sentencing guidelines (the group of violent crimes (Habitual injury, repeated injury, special mitigation factors), special mitigation factors (the group of special mitigation factors (the minor injury, special mitigation factors), and the sentencing guidelines (the period of punishment nine months to two years and six months) that are expressed in the course of the record and the trial in this case shall be determined as ordered.

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