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(영문) 춘천지방법원 영월지원 2015.07.07 2015고단202
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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

1. Around 16:00 on May 25, 2015, the Defendant violated the Punishment of Violences, etc. Act (a collective injury by a deadly weapon, etc.) provided a bath to the victim E (the 54 years old) who was on the next table without any justifiable reason while drunking and eating at D’s restaurant located in Gangwon-gun C, Gangwon-gun, Gangwon-gun, which led the victim to breath of alcohol, while drinking. In addition, the instant beer’s disease was shicking the victim’s breath of alcohol while the breath of alcohol, which was on the table of the victim.

Accordingly, the defendant used beer disease, which is a dangerous object, to inflict bodily injury on the victim, such as the number of days of treatment.

2. On May 25, 2015, the Defendant avoided disturbance, such as taking alcohol and taking a bath, etc., at around 19:32, in the G police box located in F of the Gangwon-do Police Station, the Defendant: (a) brought the H’s chest into two hands while taking a bath to the police box affiliated with the said police box; and (b) took the H’s chest into the front side of the police box; and (c) she was faced with the said box by attaching it to the front side of the police box.

Accordingly, the defendant interfered with legitimate execution of duties of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H and E;

1. A written statement of I;

1. Application of the Acts and subordinate statutes to the investigative report, CCTV-fashion photographs and photographs taken to cover bodily injuries;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, and Articles 257 (1) and 136 (1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishment);

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

1. Article 62 (1) of the Criminal Act;

1. The scope of the final sentence according to the aggravation of the grounds for sentencing under Article 62-2 of the Criminal Act for probation and community service order: one year and six months to three years [the scope of recommendation], the mitigation area (one year and six months to two years and six months) (one year and six months), and the mitigation area (one year and six months to six months), [the scope of recommendation].

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