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(영문) 춘천지방법원 원주지원 2015.10.20 2015고단759
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for not more than ten 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 August 1, 2015, the Defendant: (a) around 19:30, the first stage bank apartment 105-1, the first stage bank, the first stage bank, the second stage bank apartment 103, the second stage of the event, that the Defendant agreed on the victim’s wife D in relation to the work of the victim C (the age of 57) but used the victim on the ground that the victim did not comply with the agreement; (b) on the ground that the victim’s disease, which is a dangerous object, was collected, the Defendant set the left head part of the victim’s left head one time, and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of statutes on site photographs;

1. Relevant Article 261 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act regarding probation and order to provide community service and attend lectures was that the Defendant, on the ground that the victim did not agree on the case in which he assaulted the wife of the victim, and the method of committing the crime is very dangerous, and the nature of the crime is also not good.

However, it is against the mistake, and the victim does not want the punishment of the defendant.

Such circumstances and the defendant's age, occupation, character and conduct, the details of the crime and circumstances after the crime are committed shall be determined as per Disposition.

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