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(영문) 춘천지방법원 원주지원 2015.05.21 2015고단278
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

At around 02:10 on March 12, 2015, the Defendant, at one Dju point located in Gangwon-gun C, had drinking alcohol with the victim E (50 years of age), calculated the drinking value, and paid money to the victim, and caused the victim a ice lease material, which is a dangerous object on the table, posted on the table, led the victim to the right side of the treatment day, thereby causing injury to the victim, such as cutting the frame of the wall inside the right side of the non-hand side of the treatment day, rupture, rupture, and rupture.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. A copy of a medical opinion;

1. Application of Acts and subordinate statutes to the site and photographs of damaged parts;

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

1. Reasons for the sentencing of Article 62 (1) of the Criminal Act [Determination of Punishment] : Type 1 (Habitual Injury, Bodi Bodily Injury, Bodily Injury) (Special Bodily Injury): In the event that the victim is fully responsible for the occurrence of the crime even if the victim is also responsible for the occurrence of the crime, the court below's decision not to punish the victim (the recommended area, recommendation) special mitigation area, September to February 6 (whether suspended sentence is suspended sentence] - In the event that the victim is fully responsible for the occurrence of the crime or the expansion of damage, the court below's decision not to punish the victim - In the event that the victim is fully responsible for the occurrence of the crime or the expansion of damage, the court below's decision not to punish him/her - The court below's decision not to punish him/her / her/ she has clearly related to social relations, contingent crimes, or criminal records beyond the suspended sentence / her imprisonment 10 months, and the defendant's action is less likely to injure the victim's face.

However, the crime of this case was committed by the defendant and the victim together with the defendant, which caused an injury to the victim by day, and the defendant reflects the mistake.

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