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(영문) 전주지방법원 2013.05.02 2013고단635
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 04:50 on December 28, 2012, the Defendant, at the Dju shop located in 04:50 on the Jeonsan-si, Jeoncheon-si, the Defendant, on the ground that the Defendant himself and herself changed his mobile phone from the victim E (the age of 18) to the daily behaviors, and on the ground that the victim was aware of the same condition as the her influence, the Defendant left the victim into his toilet and her head as an empty station with a dangerous object, thereby making it impossible for the victim to know the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to report on investigation;

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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (the consideration given in favor of the defendant, such as the confession of and reflect against the crime, the primary crime and the student still, the degree of injury suffered by the victim is not much serious, and the fact that the victim actively endeavored to recover from damage);

1. It is so decided as per Disposition on the grounds that the suspended execution is more than Article 62 (1) of the Criminal Act (recognisive consideration);

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