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(영문) 춘천지방법원 원주지원 2013.05.14 2013고단142
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the birth partner of the victim B (n, 44 years of age).

On March 6, 2013, at around 03:50 on March 6, 2013, the Defendant, while drinking alcohol with the victim and his name-free customers in the dwelling area of the victim in Won-si, and talking with the victim, the victim took a talk about the fact that the victim had been drinking with another male who was not the Defendant’s punishment before, and was asked by the victim, and the victim took a look at it, which is a dangerous thing in that place (the blade length is 10cm, the total length is 20cm). After that, the Defendant saw the victim as his hand, the Defendant sleeped the victim’s hand by taking the excessive hand by his hand.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes governing the case;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., reflectiveness);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

1. Probation under Article 62-2 of the Criminal Act;

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