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(영문) 춘천지방법원 원주지원 2015.08.11 2015고단461
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 04:20 on May 17, 2015, the Defendant committed assault, such as, on the grounds that the attitude of “Cju”, located in “Cju-si B, does not lead to the mind of the victim D (n, 24 years of age) who is an employee of the place. Accordingly, the Defendant assaulted the beer’s disease, which is a dangerous object on the table, carried in the direction of the victim’s left shoulder, to fit the victim’s left shoulder.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A medical certificate;

1. Application of the Acts and subordinate statutes on the scene of violence, photographic photo of violence;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The sentence of Article 62(1) of the Criminal Act is the case where the mitigation area (4 to 1.2 months), mitigation area (4 to 1.2 months), mitigation area (including special mitigation), exemption from punishment (including serious efforts to recover from damage) or considerable damage is recovered (the decision of sentence] six months, suspension of execution one year: the defendant was under the influence of alcohol and was faced with the victim. Such behavior may lead to a large amount of injury.

However, the crime of this case was committed under the influence of alcohol, resulting in a contingency, and the damage of the victim is not significant.

In addition, the defendant recognized the error and agreed with the victim.

In consideration of these circumstances, the punishment as ordered shall be determined.

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