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(영문) 춘천지방법원 2014.06.26 2014고단365
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 three years from the date of the final judgment.

Reasons

Punishment of the crime

On November 26, 2013, at around 23:30 on November 26, 2013, the Defendant: (a) heard the horses that he would not allow the Defendant to walk in the future from the victim D (the age of 52) who was a defendant's home living room in Gyeyang-gu, Yangyang-gun, to walk in the future with E who was the defendant's seat; and (b) took a deadly weapon, which is a dangerous weapon in the kitchen, in the kitchen, the victim's face, and put the victim into the right hand and in the inside.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of police suspect regarding D;

1. The police statement concerning F;

1. Written statements prepared in D;

1. Records of seizure and the list of seizure;

1. On-site photographs;

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 shall be considered for the reasons for sentencing):

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act of the Confiscation [Scope of Recommendation] : Type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi) (1 year and June 2 year and June 6) (including efforts to recover damage) in mitigation area or in cases where considerable damage has been recovered, the scope of sentence compared with the applicable sentence and the recommended sentence: From 16 to 2 years and six months (2 months). The defendant agreed with the victim. Although there was a history of being punished by a fine due to a violation of the Punishment of Violences, etc. Act, a crime of causing property damage, etc., and a crime of causing property damage, etc. over twelve times from 1985 to

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