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(영문) 춘천지방법원 2014.10.23 2014고단766
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 18, 2014, at around 22:30, the Defendant rejected the Defendant’s demand that the victim be provided a contact loan, and caused damage to the victim’s head one time by beer disease, which is a dangerous object in the table table, and caused damage to the victim’s body two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. On-site reports on violence incidents;

1. Application of Acts and subordinate statutes of the injury diagnosis 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 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 Bodily Injury, Bodily Injury), - In the case of habitual injury, repeated injury, special injury [Special Convicted Person] - In the area of mitigation [Determination of the recommended area] mitigation area / [Determination of the recommended area] 1 year and six months to two years / (2 year and six months / In the case of the main reason for the suspension of execution] - The affirmative reason for the suspension of execution (including advanced efforts for recovery of damage): A person before and after the suspension of execution - A person who has an excessive difficulty to his family members (decision of sentence] with the defendant's positive detention accompanied by an excessive difficulty (decision of sentence ] The defendant expressed his intention of reflectiveness while engaging in the crime of this case, agreed with the victim, and the defendant's excessive confinement is accompanied by such normal circumstances.

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