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(영문) 춘천지방법원 강릉지원 2015.04.29 2013고단911
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 19:00 on September 16, 2013, the Defendant, at “E” located in the East Sea at the same time, drinked with the victim F(32 years of age) and the victim G(40 years of age) to drink, and around 20:20 on the same day, the Defendant, at around 20:20 on the street of the “H” convenience store located in the East Sea, she levered the victim’s head at one time, and the victim she walked the victim’s head at one time with his/her hand while walkinging the victim’s head at the back of his/her head.

Accordingly, the victim F is able to escape beyond the driver's license of the defendant, and the defendant knife the victim F's knife and knife the victim F's knife and knife three times the victim F's face.

As a result, the Defendant inflicted injury on the victim G, including the 5-day raw pelkes of the 5-day raw pelle of the 5-month medical treatment, and carried dangerous articles with the victim F, thereby impairing the characteristics of other head parts in need of approximately 2-day medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. The entry of witnesses F and G in the third protocol of the trial;

1. Application of Acts and subordinate statutes of each written diagnosis;

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 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment with labor);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of summing up the long-term punishments in each of the crimes above);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the reasons for the punishment in prison);

1. Judgment on the assertion of the defendant and his defense counsel under Article 62(1) of the Criminal Act (the grounds for the suspended sentence)

1. The summary of the argument is that the defendant and the defense counsel do not constitute a dangerous article for a fluort knife, and the part of other head in need of treatment for two weeks from the victim F does not constitute an injury.

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