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(영문) 춘천지방법원 속초지원 2015.08.12 2015고단227
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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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 March 20, 2015, the Defendant, at around 21:34, 2015, worked in D’s house located in Gangwon Yangyang-gun C, and on the ground that the victim, while drinking together with D’s E (58 years of age) who was a flusium, was disregarding the Defendant’s flusium while disregarding the Defendant’s flusium, the Defendant flusium was flusing the Defendant’s flusium and flusium.

A small-scale disease, which is a dangerous object in the vicinity of the floor above the floor, has taken the left-hand head of the victim, and has reached the left-hand part of the victim and the left-hand side of the victim.

As a result, the defendant carried dangerous objects and put about about two weeks of treatment to the victim, such as face and dives of trees.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D (including an injury diagnosis certificate attached thereto);

1. Application of field photographs and relevant Acts and subordinate statutes on violent incidents;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act of the community service order: Determination of sentence considering the following: One year and six months of imprisonment, three years of suspended execution, and 120 hours of community service, such as the fact that the victim was at the price of his/her main illness, and the degree of assault is serious, circumstances favorable to the degree of assault, and that the risk of committing the crime was significantly high: The victim has agreed with the victim, and there is no previous conviction

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