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(영문) 춘천지방법원 강릉지원 2014.09.16 2014고단650
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

except that 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 March 1, 2014, at around 00:40 on March 1, 2014, the Defendant: (a) at the main point of “D” located in Gangnam-si C, the Defendant: (b) brought the victim’s head one time to a beer who renders dancing, and the victim “I am playing in Korea, and I am son,” on the ground that the Defendant’s words “D” at a place in which the victim E (n.e., 53 years of age) and his behaviors are in music and dancing; and (c) brought about the victim’s head one time, which is a dangerous thing, for approximately 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 of a medical 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 revenues under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 53 or 55 (1) 3 (see, e., Supreme Court Decision 200,000 won for victims of the same kind of crime);

1. It shall be decided as per the Disposition on the grounds of Article 62 (1) of the Criminal Act or more (recognating Reasons for discretionary mitigation);

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