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(영문) 춘천지방법원 2015.04.16 2015고단41
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2. Provided, That 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

On December 21, 2014, at around 05:20 on December 21, 2014, the Defendant, at the main point of “C” located in Chuncheon City B, said, the Defendant stated, “If the Defendant gets a frighter, the Defendant would be a frighter,” and “C is a frighter, if the Defendant frights the Defendant’s shoulder and frighted the frighter.”

Therefore, when the victim assumes "I am I am I am I am I am I am I am I am I am I am I am am I am I am I am am I am am on the part of the victim on the part of the main.

As a result, the defendant suffered damage to the victim's reputation that requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes of a medical 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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1448, Apr. 2

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter the reasons for sentencing) of the suspended sentence [the scope of recommending sentence] The special mitigation area (9 to February 6) of the type 1 of habitual injury, repeated crime injury, and special injury (a repeated injury, repeated crime, injury, and special injury) [a special mitigation area] of minor injury, non-execution of punishment (including a serious effort to recover damage) or considerable damage is recovered, the scope of sentence compared to the applicable sentence and the recommended sentence: From 16 to 26 months [a sentence] of the year 16-2 year / [a sentence] of the suspended sentence; however, the act of inflicting an injury on a victim due to a major injury, which is a dangerous object, shall be strictly punished; however, the extent of the injury is minor; the defendant agreed to do with the victim; and the defendant has no criminal conviction above the suspended sentence, etc. shall be determined as the Disposition.

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