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(영문) 춘천지방법원 2014.10.23 2014고단601
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
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

On May 8, 2014, at around 00:35, the injured party C (the age of 55) prevented the Defendant from singing the other customers to singing a microsing, while under the influence of alcohol, and was in excess of the Defendant’s head due to beer’s disease, which is a dangerous object at which the other customers singing out, received a claim from the Defendant, and was in danger of singing out.

The defendant's face was taken one time by drinking.

Accordingly, the Defendant set up against the above assault by the victim, called the victim "to the extent that the victim was faced with her body", and the victim was faced with the head of the victim due to beer's disease, which is a dangerous object, and the face on the left-hand side of the victim one time due to drinking, and led the victim to an examination on the head part of the victim.

In this respect, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Each legal statement of the defendant and C;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes on violence photographs;

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 (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Probation and Social Service Order [Determination of Punishment] - Types 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodily Injury), A person who habitually injures, Aggravated Injury, Aggravated Bodi Bodily Injury] - In cases where the elements for mitigation are not punished (including serious efforts to recover damage), or considerable damage has been recovered (the decision of the recommended area] [the decision of the recommended area] mitigated area / [the scope of the recommendation area] 1 year and six months to two years / [the suspended sentence] major reasons for major reference / Major reference (the suspended sentence of imprisonment of not more than five years, a suspended sentence of imprisonment or a fine of not less than three times): A person who is not subject to positive minor punishment (including serious efforts to recover damage) - General reference grounds: A person who has been sentenced to suspended sentence not less than two times;

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