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(영문) 춘천지방법원 2013.04.09 2013고단71
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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

At around 02:30 on December 15, 2012, the Defendant continued to talk with the victim D (the victim 42 years of age, son) who is an employee of the main store, without any justifiable reason, under the influence of alcohol at the main store in Chuncheon City C on December 15, 2012, stating that “the victim was able to engage in friend and bitch bitch bitch bitch.” The Defendant saw that “the victim was able to engage in friend and bitch bitch bitch bitch........................., the victim friended the victim’s head, which was a dangerous thing cited by her hand, and

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. A medical certificate;

1. Application of Acts and subordinate statutes to investigation reports (including photographs attached thereto);

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 257 (1) of the Criminal Act;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (see the following reasons for sentencing):

1. Reasons for sentencing [refer to the reasons for sentencing] of Article 62(1) of the Criminal Act (refer to the reasons for sentencing) of the Act on the Suspension of Execution [Determination of Punishment] Reduction element of Punishment [Special Convicts] [Determination of the recommended area] Reduction element] of Special Injury / [Determination of the recommended area] Reduction Area / [Scope of Recommendation] one year and six months through two years and six months] / The main reason for writing / The main reason for writing : positive (not to be subject to punishment) - General : positive (not to be subject to punishment) - Selection of suspended sentence and recommendation of suspended sentence: A comprehensive comparison and assessment of the reasons mentioned above is that the defendant falls under both positive (not subject to serious reflectness, and there is no criminal conviction or more prior to suspended sentence: Determination of sentence] The defendant is closely against the crime; there is no past minor fine and criminal punishment heavier than that of the defendant; it appears that the victim does not want the defendant's punishment by agreement with the victim; and it appears that the victim does not want the defendant's age; and circumstances of the defendant.

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