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(영문) 춘천지방법원 영월지원 2015.09.18 2015고단130
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for nine 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 February 13, 2015, the Defendant was sentenced to 8 months of imprisonment with prison labor, 2 years of suspended execution, and 2 million won of fine for injury, etc. in the Youngcheon District Court’s Young-gu branch branch on February 13, 2015, and the above judgment was finalized on February 22, 20

At around 16:05 on January 27, 2015, the Defendant: (a) d restaurant in Young-gun C, while drunkly breathed with the victim E (the age of 62) in a state of drinking; and (b) the victim was punished for a dispute; (c) the victim was spawnd with the victim’s face; (d) the victim was spawnd with the victim’s disease, which is a dangerous object on theme boom; and (e) the victim was spawnd with the victim’s disease, which was a dangerous object on the water table one time, caused two weeks of the victim’s damage, such as an open wound, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol regarding E;

1. The police statement concerning F;

1. On-site photographs, diagnostic reports, and investigation reports (the head of victim E);

1. Previous convictions indicated in judgment: Application of criminal records and investigation reports (report on the results of confirmation before disposition and before suspension of execution, and confirmation of the facts of crimes committed before suspension of execution period);

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. Handling concurrent crimes and mitigation thereof: the latter part of Article 37, Articles 39 (1) and 55 (1) 3 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act also has certain responsibility to induce the instant crime to the victim, while the accused commits a crime against the wrongness, the defendant has been punished for the same kind of crime in the past five times (five times a fine). However, while being tried for the same crime, the victim used the same kind of crime with the object of risk, and did not make any particular effort to recover from damage. Thus, in order to improve the character and conduct of the accused who has high risk of violence, the sentence shall be imposed on the condition of probation, and the judgment becomes final and conclusive.

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