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(영문) 춘천지방법원 영월지원 2015.05.22 2015고단121
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except 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

At around 00:10 on January 16, 2015, the Defendant: (a) known from the Ddo 306 room located in Kangwon C, and went to the victim E (the 18-year old-old-age-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-noting-up-up-water-and-face-on-face-to-face the victim’s head.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of statutes to damaged parts photographs, field photographs, and diagnostic certificates;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. against Crimes, and Article 257 (1) of the Criminal Act;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of the recommended sentence] Type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury), the mitigated area (1.6 to 2.6 months) [Special Mitigation] [Judgment of the sentenced sentence] [the defendant] has the same kind of violence and sentence, but the defendant is not subject to punishment without severe injury to the victim, and the defendant's age, character and behavior, intelligence and environment as shown in the arguments of this case, and the defendant's age, character and behavior, character and character, intelligence and environment, motive, means and consequence of the crime of this case, circumstances after the crime, family relations, etc. shall be determined as per the order.

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