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(영문) 춘천지방법원 속초지원 2013.11.29 2013고단425
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 becomes final and conclusive.

Reasons

Punishment of the crime

On August 26, 2013, the Defendant discovered that the victim E (the 45-year-old) who is a middle school ship line E (the 45-year-old) drinks a different kind of drinking and drinking at the starting point of “D” located in Seocho-si, Seocho-si, 2013, and found the victim's knife the knife, but the victim refused this, followed the Defendant’s head one time by using an empty beer, which is a dangerous thing in the instant place.

As a result, the defendant carried dangerous objects and carried them, thereby making it impossible to identify the days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Photographs related to the assault case;

1. Application of three Acts and subordinate statutes concerning medical records;

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 recognized the crime and reflects the crime, the fact that the defendant appears to be a contingent crime, the fact that the defendant agreed smoothly with the victim, and the fact that the defendant has no criminal record of suspended sentence

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

1. Social service order under Article 62-2 of the Criminal Act;

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