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(영문) 춘천지방법원 2015.06.18 2015고단207
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2. Provided, 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 23:00 on March 5, 2015, the Defendant: (a) reported that the victim and F were under the influence of alcohol while drinking four drinking alcohol, including the victim E (year 45) in the D Lestop in Gangwon-gun C; (b) reported that the victim and F were under the influence of alcohol; and (c) the victim who was under the influence of alcohol was under the influence of alcohol was under the influence of alcohol once of the face of the Defendant, and was in excess of the Defendant’s breath and pushed down.

As such, the Defendant collected an empty baby, which is a dangerous thing in his place, and caused the victim's face by once, and the victim's face was removed from the face, and the treatment period cannot be known to the victim.

The Defendant inflicted an injury on the victim while carrying with him an empty spawn who is a dangerous object.

Summary of Evidence

1. Defendant's legal statement;

1. All on-site photographs;

1. Each police statement of E and F;

1. Medical records;

1. Application of the legislation in its opinion;

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 favorable circumstances specified in the reasons for sentencing):

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the reasons for sentencing) of the suspended sentence [the scope of recommending sentence] the reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the reasons for sentencing] (where the victim is also responsible for the occurrence of a crime or the expansion of damage in the area of special mitigation (9 to February 6) (special mitigation) [the special mitigation], where the victim is also responsible for the occurrence of a crime or the expansion of damage, the scope of sentence comparing the applicable sentence with the recommended sentence (including efforts to recover damage) or considerable damage: From 16 to 2 years and 6 months (the decision of sentence] (1). (2) The degree of the victim's injury is somewhat minor; (3) the victim does not want to be punished against the defendant; and (5) the victim does not have any same criminal record and any other criminal record beyond the suspended sentence.

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