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(영문) 춘천지방법원 2013.03.26 2012고단811
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A around 14:00 on May 18, 2012, around 14:00, around 14:00, two Hobbes, a dangerous object on one's table, such as the victim E (the age of 46) who flab, who flabed the Defendant B and the Defendant B, flab in the next table, flab, and flabed the victim's right-hand left-hand side of the treatment days, on the ground that the administration of the victim E (the age of 46) who flabs the drinking, flabs the victim flabed the victim's flab.

Summary of Evidence

1. Statement made by the defendant A in the first trial record;

1. The suspect interrogation protocol of the defendant A by the police;

1. Each police suspect interrogation protocol of B and E;

1. A report on the field of violence;

1. Application of statutes on site photographs;

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. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (see the following reasons for sentencing):

1. Reasons for sentencing [refer to the reasons for sentencing] of Article 62(1) of the Criminal Act (refer to the reasons for sentencing) of the Act on the Suspension of Execution] Of special injury [Determination of the sentence] Reduction element of Punishment [Decision of the Special Sentencing] [Determination of the recommended area] Reduction element of Special Injury [Scope of the Punishment] [Determination of the Suspension of Execution]] 1 year and six months to two years and six months [Determination of the Suspension of Execution] - Main Reasons for Action: positive (Insignificant injury, nonexistence of the Punishment] - Selection of the Suspension of Execution and Recommendation of the Suspension of Execution: positive (not guilty) - Comprehensive comparison and evaluation of the reasons for the Suspension of Execution as they fall under both criteria for the Suspension of Execution and Recommendation of the Punishment of the Punishment. [Determination of the Sentence] Determination of the Punishment of the Punishment of the Punishment of the Punishment of the Sentence. Determination of the Punishment of the Sentence should be made within the scope of the recommended sentence set in the Guidelines, taking into account the fact that Defendant A has no history of criminal punishment for the same kind of crime and the victim

Public Prosecution Rejection Parts

1. Defendant B

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