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(영문) 춘천지방법원 속초지원 2013.06.19 2013고단17
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 became final and conclusive.

Reasons

Punishment of the crime

At around 13:50 on December 2, 2012, the Defendant: (a) while she had a dispute with the victim C (the age of 39) in front of the front fire fighting boat of the Gu, which is in front of the Seocho-si, Sin Sin Sin-si on the street, was protruding the victim’s breath with his left hand; (b) spiting the victim’s face; (c) spiting it on the victim’s face; (d) 30 cm of the sidewalk block, which is a dangerous object in the surrounding area by hand; and (e) threatened the victim, and then, (e) the victim’s bridge flaf and the right flaf of which the victim’s bridge flaf could not know the number of days of treatment, led to a threat that the victim’s bridge flaf and the right flaf.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Application of the police statement law to D;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the defendant acknowledges and reflects his mistake, the defendant has no previous convictions in the same way, and the victim expressed his intention not to punish him to an investigative agency);

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

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