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(영문) 춘천지방법원 2014.11.20 2014고단770
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 14:00 on June 27, 2014, the Defendant received a demand from the victim E (the 60-year-old) to replace the bicycles set up in the roadside from the victim E (the 60-year-old) on the farmland in the vicinity of Hongcheon-gun, Hongcheon-gun, the Defendant placed two times the head of the victim at a stone, which is a dangerous object in the way, and made two times the face of the victim at least five times in drinking.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the site and photographs of damaged parts;

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 extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] : Type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury and Special Injury) (1 year and 6 months) (1 year and 2 months) of mitigation area (1 year and 16-2 months) of minor injury [Special Mitigation] of the Defendant [decision of a sentence] is not agreed with the victim; there is no record of criminal punishment heavier than a fine, such as the two times of previous convictions, and there is no record of criminal punishment heavier than a fine. The sentence shall be determined as ordered in consideration of the degree of injury in these circumstances, the character and conduct of the Defendant, and the environment, and all the circumstances

It is so decided as per Disposition for the above reasons.

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