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(영문) 춘천지방법원 속초지원 2013.08.28 2013고단151
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On March 28, 2013, around 21:35, the Defendant: (a) performed a dispute with the victim E while drinking alcohol together with the victim E (the age of 52) in a D restaurant located in Seocho-si, Seocho-si; (b) was collected from the victim’s face; and (c) was in line with the victim’s right side.

As a result, the Defendant carried dangerous articles with the victim and inflicted injury on the victim, such as “brain sugar that has no open room for 20 days.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation report (a medical certificate and written agreement attached);

1. Application of Acts and subordinate statutes governing scene 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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the defendant acknowledges and reflects the crime, the fact that the defendant appears to be an contingent crime, and the fact that the victim agreed smoothly with the victim);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

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