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(영문) 춘천지방법원 강릉지원 2014.11.13 2014고단826
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On 19:30 on 07. 08. 19:08. 19:30 on the road parking lot in the East Sea, the Defendant: (a) while the Defendant was in dispute with the victim D (the age of 55) and the vehicle of the Defendant during the operation of the vehicle on his own, he saw the victim’s boom, and carried the breath, which is a dangerous object (the total length of 90cm) that was loaded on the vehicle of the bucking center, and carried the victim’s buckbuckbbbbs for about three weeks on one occasion at the victim’s left-hand buck.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of Acts and subordinate statutes of the injury diagnosis 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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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