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(영문) 춘천지방법원 강릉지원 2015.09.03 2015고단713
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

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

Reasons

Punishment of the crime

1. On June 27, 2015, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) committed an empty beer disease, which is a dangerous object on the table table, on the ground that the victim E (the age of 36) who was sexually drinking by drinking alcohol together with the victim E (the age of 36) who was sexually drinking alcohol at around 00:15, and caused an empty beer disease, which is one of the dangerous objects on the table table, for about two weeks of medical treatment, such as when the victim’s head can take place.

2. The Defendant damaged the property by causing damage to the victim’s property by causing the victim’s damage to the victim’s damage to the victim’s damage to the victim’s damage within three times the “Dnonode room” operated by the victim F, and destroying the wall of the singing room microphones on the wall, etc., and causing the victim’s damage to the victim’s property by causing the victim’s damage to the victim’s utility in the course of assaulting E, such as the statement in the preceding paragraph, such as so on, and in the process of assaulting E, such as, the singular, glass, microphones, and the remote area, etc., and causing the victim’s damage to its utility.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Application of the Acts and subordinate statutes governing diagnosis certificates, estimates, and field photographs;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act, and Article 366 of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [within the scope of the sum of the long-term punishments and punishments prescribed in the Punishment of Violences, etc. which are heavier than punishment (a collective crime, a deadly weapon, etc.)] among concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant reflects the crime, that the defendant has no other criminal records as well as two times of fine, and that there is no other criminal records.

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