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(영문) 춘천지방법원 속초지원 2013.08.21 2013고단112
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 February 24, 2013, at early 10:0, the Defendant took three times the face of the victim by hand on the ground that the victim E (here, 50 years of age) was satisfying with the victim on the ground that the victim E (here, 50 years of age) was making a false statement to himself/herself, and the victim took 406 head debt of the victim out of the 406 room, took back the victim’s head debt, took out the victim’s head debt, took the victim’s head into the above 406 room, and took the victim’s head into the beer’s disease, which is a dangerous object.

Afterwards, the Defendant made a set of coffees of plastic materials on cremation, making the head of the victim several times, and continued to get the head and shoulder of the victim to the tree.

As a result, the defendant carried dangerous things with the victim and inflicted an injury upon the victim, such as an open wound, which requires treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused (including E statements);

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to report internal investigation and report internal investigation (Attachment of a medical certificate);

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 acknowledges and reflects the crime, the fact that the defendant appears to be an contingent crime, and the fact that the victim agreed smoothly with the victim);

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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