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(영문) 춘천지방법원 2015.06.11 2015고단326
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2. Provided, That the above sentence shall be executed for three years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

Around 14:40 on February 2, 2015, the Defendant, while drinking alcohol on the packing c in Hongcheon-gun, Hongcheon-gun, D(48 years of age) and the victim E(48 years of age), heard the words “disabled persons and arms” from the victim E(the victim). The Defendant collected the vacant fluor’s disease, which is a dangerous object in the table, and laid off one-time a part of the above D’s processed glusium, and cut off one-time part of the above E’s processed glusium to the said D, requiring approximately two weeks of treatment, and added two flussiums, etc. to the said E for two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Photographss of victims and empty wards;

1. Each police statement of E and D;

1. Application of Acts and subordinate statutes of each written diagnosis of E and D;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following favorable circumstances specified in the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following favorable circumstances in light of the reasons for sentencing);

1. For the reason of sentencing under Article 62-2 of the Social Service Order Act, in the case of the following crimes [Scope of Recommendation] : Habitual injury, repeated injury, and special injury: Type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodily Injury, Bodi Bodi Bodily Injury, Special Injury), the mitigated area (including efforts to recover damage), the mitigated area of punishment / [Scope of Recommendation ] the mitigated area (one year and six months to two years), the mitigated area of punishment (including serious efforts to recover damage) (including special mitigation) (one year and six months to two years), or the mitigated area of special injury (including special mitigation) (one year and six months), the mitigated area of punishment (including serious efforts to recover damage) (including special mitigation) (where damage has been recovered due to the aggravated injury, repeated crime, and special injury): From 16 to 39 months (decision on the punishment of victims]: (1) the victims have provided the motive of the crime; and (2) the degree of victims' injury.

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