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(영문) 춘천지방법원 속초지원 2015.04.29 2015고단54
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 three years from the date of the final judgment.

Reasons

Punishment of the crime

On January 10, 2015, the Defendant: (a) around 00:20 on January 10, 2015, in the “D’s operation,” the Defendant was to observe the order of singing in the victim E (52 years of age) who is a guest, and was dissatisfied with the Defendant’s claim from the victim; (b) on the hand, one bed, one bed, which is a dangerous object in his/her neighborhood, was put on the part of the victim; and (c) on the other hand, one bed on the part of the victim’s left part, and said two bed, etc. requiring approximately three weeks medical treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. On-site and victim photographs;

1. Application of Acts and subordinate statutes 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodily Injury, and Special Injury (Habitual Injury, Bodi Bodi Bodily Injury and Bodily Injury) (1 and 6 months through 2 months) mitigated area (1 year and 1 year, 6 months of imprisonment, 3 years of suspended sentence, 3 years of probation, probation, community service, and 160 hours disadvantageous to 160 hours: The fact that the same criminal record is eight times including one suspended sentence, and that the period of the suspended sentence is favorable to the crime of this case after the lapse of one year: An agreement is made with the victim;

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