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(영문) 춘천지방법원 2015.06.25 2015고단388
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2. Provided, That the above sentence shall be executed for three years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On January 20, 2015, the Defendant: (a) around 04:20 on the second floor of “Dcafeteria” in the Hongcheon-gun, Hongcheon-gun; (b) performed the victim F (18 years of age) and alcohol together with E medical devices; (c) performed f (18 years of age) and the victim’s drinking with his/her own ship and arms; (d) fluor’s disease, which is a dangerous thing on the floor; (b) fluoring the victim’s head; and (c) continuously fluored the victim’s head on four occasions in total; and (d) fluoral disease, the victim’s head was reduced, thereby making it difficult to identify the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each report on investigation;

1. Application of the police interrogation protocol to F

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 favorable circumstances specified in the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following favorable circumstances in light of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act of the Social Service Order [Scope of Recommendation] In the case of habitual injury, repeated injury, and special injury [Special Mitigation] types 1 (Habitual Injury, Bodi Bodily Injury, Bodily Injury and Bodily Injury] (1 year and 2 months), the mitigated area (1 year and 16-2 months), the punishment is not granted (including serious efforts to recover damage), or considerable damage is recovered (in the case of small-scale illness, which is dangerous object], the defendant's act of inflicting bodily injury at four times or more and at the price of the victim is strictly punished. However, the victim and the victim do not want the punishment against the defendant; (1) the victim do not want the punishment against the defendant by agreement with the victim; (2) the defendant's age is lower; and (3) the defendant has no criminal history; and (4) the defendant shall be

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