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(영문) 춘천지방법원 2014.03.20 2014고단50
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 November 25, 2013, at around 17:45, the Defendant, while drunk in a “D cafeteria” located in the Gangwonwon C, costs and expenses each other, with the victim E (the age of 49) who was seated by the Defendant, without any particular reason.

The victim collected beer disease, which is a dangerous object on the block of the defendant, and blicked the head of the victim, and led the victim to the head of the victim, and led the victim to two parts of the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Application of the Act and subordinate statutes to the investigative report;

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 ( Taking into account the favorable circumstances among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act ( considered in favor of the reasons for sentencing following the suspended sentence);

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation and Social Service Order [Determination of Punishment] : Where the victim is fully responsible for the occurrence of a crime or the expansion of damage due to habitual injury, repeated injury, special injury (special injury): In the event that the victim also has a considerable responsibility for the occurrence of a crime or the expansion of damage, in the context of a special mitigation [the scope of recommendation] from September to June [the scope of recommendation] from September to June 2], in the area of special mitigation [the scope of general mitigation] applicable provisions of applicable law]: The range of punishment calculated from March to 30 [the scope of punishment] statutory punishment under Article 3(1) and Article 2(1)3 of the breadth Act: the statutory aggravated statutory aggravated and mitigated range of punishment: Three years from March to 30 [the period of suspension of sentence]. The major reasons for punishment: where the victim has committed a crime with a negative group or multiple force, or by carrying a deadly weapon or other dangerous articles, the major reason for the occurrence or expansion of damage to the victim]

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