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(영문) 춘천지방법원 2015.04.02 2014고단1344
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

At around 16:30 on October 23, 2014, the Defendant, while talking about the land jointly invested by the victim E (the age of 41) and about 7 years prior to the Gangnam Office located in Gangwon, the Defendant calculated the body of the victim, which is a dangerous object installed at the entrance of the victim, on the ground that the victim toldd about the land that he had been jointly invested by the victim E (the age of 41) and about 7 years prior to the commencement of the business, and put about a 7,8 c lupthy which requires approximately 4 weeks of medical treatment to the victim.

Summary of Evidence

1. Legal statement of witness E;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes, such as a medical certificate and a report on investigation (folchising golf photographs);

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. Determination as to the defendant's assertion of discretionary mitigation of punishment Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2007Da1448

1. The defendant and his defense counsel asserted that the defendant had golf loans at the time of the crime of this case, but there was no injury as stated in the facts of the crime of this case.

2. The following circumstances acknowledged by this court in addition to the purport of the evidence duly adopted and examined by this court, namely, ① the victim made a statement that he/she suffered golf loans from the police investigation to the court of this court. In light of the rationality, objective reasonableness, consistency, etc. of the contents of the statement itself, there are considerable credibility in the statement, and the defendant submitted a diagnosis supporting the victim's assertion. ② The defendant voluntarily led to confession of the fact that he/she displayed golf loans at the time of examination of the witness E, and the defendant and the victim appear to have been on the ground at the time of examination of the witness E [the counsel is examined on the premise that the defendant was sold by the victim by displaying golf loans at the time of examination of the witness E (the second examination of the witness E).

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