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(영문) 춘천지방법원 2013.10.10 2013고단707
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

At around 15:00 on May 23, 2013, the Defendant, while drinking alcohol together with the victim E (the 62 years of age) in a D cafeteria located in Hongcheon-gun, Hongcheon-gun, the Defendant: (a) taken the victim’s face one time by drinking alcohol from the right side; (b) taken the part of the victim’s head on the part of the victim’s head on the ground of a small-scale disease, which is a dangerous object in the place, and put the victim into the part on the part of head, where the number of days of treatment cannot be identified.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and F;

1. Application of Acts and subordinate statutes to photographs taken in distress;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation and community service industry: (a) the reason for the sentencing of Article 62-2 of the Criminal Act [decision of the type] for the habitual injury, repeated injury, and special injury (including a special person), repeated injury, repeated crime, special injury (including a serious effort to recover damage) - the mitigated area of mitigation [decision of the recommended area] [decision of the recommended area] one year and six months to two years [the scope of recommendation] [general person] one year and six months [the range of general punishment] - whether a special person is suspended from execution [whether less than ten years after the completion of execution] of the same sentence which does not constitute a repeated offense] - Major reasons for the sentencing of Article 62-2 of the Criminal Act - Major reasons for the affirmative punishment (including a serious effort to recover damage) - On at least two occasions: A positive conviction (including a suspended sentence within five years, a suspended sentence, or a fine not less than three times) - General witness reason: A general witness reason for the suspension of execution which indicates the defendant's intention to commit a crime of the same kind of contingent punishment, including a sentence of final conviction].

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