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(영문) 춘천지방법원 2014.05.15 2014고단247
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 of the final judgment.

Reasons

Punishment of the crime

On December 24, 2013, between 23:00 and 23:20 on December 24, 2013, the Defendant performed drinking together with the “D” entertainment drinking club E (n, 39 years of age) that is an employee of the main store in Gangseo-gu C underground, Gangwon-gu. On the ground that the victim was in a dispute with the victim due to the victim’s self-tending and getting out of studio, the Defendant saw the victim’s breath, and then spathing the breath, and then spathd the victim’s breath, and then spathd the body of the closed-gu arm’s length, where it is impossible for the victim to know the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Investigation Report - Application of the Acts and subordinate statutes attached to suspect E;

1. Article 3 (1) and Article 3 (1) 2 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, 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 [Determination of Punishment] - Types 1 (Habitual Injury, Bodi Bodily Injury, Bodily Injury, Special Injury): Reduction element - [Determination of the area of recommendation] Reduction element / [Determination of the area of recommendation] 1 year and six months to six months [the scope of general punishment] - Reduction element: serious reflect [the scope of punishment] applicable provisions of Acts : From three years to three years [the extent of suspension of execution] - The main reasons for writing - The main reason for punishment (including serious effort to recover damage): positive reflective reflect [the scope of punishment] - The positive half [the scope of punishment] 1 type of habitual injury, repeated crime, special injury, special injury (the scope of punishment], or the portion of punishment to be mitigated for restoration to the area of habitual injury, special injury or special damage [including the portion of punishment to be mitigated to the area of special mitigation]

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