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(영문) 춘천지방법원 원주지원 2015.03.17 2014고단1117
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

[2014 Highest 1117] The Defendant, around 12:30 on December 5, 2014, 12:30, 12:30, while drinking the victim E (the age of 47) and alcohol from the original city C, 301 Dong 513 (D apartment) around 5, 201, putting the disease of cattle, which is a dangerous object on the right hand of the victim, on the ground that the victim’s speech and behavior is not in mind. In addition, the Defendant took twice the face of the head of the victim and took twice the face of the victim.

In this respect, the defendant carried dangerous articles and carried the victim's head in which the treatment period can not be known.

[2015 Height32] On December 21, 2014, around 06:35, the Defendant, while drinking alcohol within the residence of the victim F (58 years of age) who was in Won-si C and C, 301 Dong 513 (D apartment), she took a bath for the victim, she took a dangerous object on his/her half, and she took an anti-competence to the right side of the victim.

Accordingly, the defendant carried dangerous objects and carried them to the right side where it is impossible to identify the days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement concerning E and F;

1. Application of statutes on site photographs;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, and Article 257 (1) of the Criminal Act (the point of injuring each deadly weapon);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. A Class I crime for sentencing under Article 62-2 of the Criminal Act of the Probation and Social Service Order: In the case of injury to F [the scope of a recommendation] of habitual injury, repeated injury, special injury (a repeated injury, repeated crime, and special injury) in the mitigation area (one and half years from 16 to 2 months) [a special mitigation person] in the mitigation area (including a serious effort to recover damage), in the punishment not (including a serious effort to recover damage), or in the case of recovery of considerable damage, the crime of O II: the injury to E [the scope of a recommendation] in the habitual injury, repeated injury, special injury (a habitual injury, repeated crime, special injury) in Type I (a special mitigation area).

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