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(영문) 춘천지방법원 원주지원 2015.05.21 2015고단284
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around 01:50 on March 24, 2015, the Defendant violated the Punishment of Violences, etc. Act (a collective injury by a deadly weapon, etc.), on the ground that F, while drinking alcohol together with the victim E (n, 54 years old), and F, was her desire to do so, the Defendant was in the second scopic column that requires treatment for about 10 days to the victim, taking a dangerous object under the supervision of his/her table back to the F, due to having been her desire.

2. In the same time and place as referred to in the preceding paragraph, the injured Defendant collected liners on the container of the victim, which were placed on the container of the victim, on the ground that the victim F (53 years of age) expresses himself/herself, and put the victim at two strings of treatment days in fine for the number of days to be treated.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes of a medical certificate;

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 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment with labor);

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is added up to the sum of concurrent crimes resulting from a violation of the Punishment of Violences, etc. which is heavier than the punishment, and the long-term punishment of both crimes);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Recommendations for each of the crimes of injury (the same shall apply to both the sentencing factors for the crime of injury) [the determination of the types] [the person who has committed the crime of habitual injury, repeated injury, special injury [the person who has habitually injured, repeated injury, and special injury] - In the event that an intentional act of bodily injury is committed: In the event that an intentional act of bodily injury is committed, the reduction element is not punishable, minor injury [the scope of the recommendation area and the recommendation range] special mitigation area, 9 to 2 years [the general person] mitigation area, 9 to 2 years [the general person] mitigation element: - Whether the reason for the main commitment is positive: doluence of the crime.

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