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(영문) 춘천지방법원 강릉지원 2015.06.19 2015고단130
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 16, 2015, the Defendant damaged the victim E’s property by walking the 70,000 won of the market price owned by the victim E, who is the above drinking house operator, from the drinking house, at around 17:50 of the trade name “D” located in Gangseo-si, Gangnam-si, the Defendant damaged the victim E’s property.

2. On January 16, 2015, the Defendant violated the Punishment of Violences, etc. Act (injury by collective action, deadly weapons, etc.) at the bar of the victim G (the 49-year-old) who was a customer who had drinking alcohol at the bar of Gangseo-si (the 49-year-old-old-si-old-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si (hereinafter “the knick, snow-gu-si-si-si”), she collected one major-bee-be who was a dangerous object on the table table, collected one the head part of the victim, followed the victim who left outside of the above drinking-si-si-si-si-si-si-si-si-si-si-si, and received two head and the kn part of the victim.

Accordingly, the defendant carried dangerous articles and damaged the victim's character that requires two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. He's legal statement;

1. Partial legal statement of G;

1. The police statement concerning G;

1. E statements;

1. Application of Acts and subordinate statutes to each photograph and diagnostic document;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act (the occupation of inflicting an injury on carrying a dangerous object), Article 366 of the Criminal Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of adding up the long-term punishments for the crimes of the two crimes);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including the absence of any previous conviction other than the one-time fine, and the absence of agreement with the victims);

1. Part on the dismissal of public prosecution under Article 62 (1) of the Criminal Act

1. The summary of the facts charged in this part of the facts charged is in Gangnam-si, the defendant around 17:50 on January 16, 2015.

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