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(영문) 춘천지방법원 원주지원 2013.09.11 2013고단508
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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 23:00 on May 20, 2013, the Defendant: (a) sought a bath mixed with the victim E while drinking alcohol together with the victim E, and (b) made it possible to see the victim’s face on the hand floor; and (c) made the victim’s back water on one occasion on the part of a simplified object, which is a dangerous object located therein, the Defendant got off the victim’s face; and (d) made the victim’s back water on one occasion; and (e) inflicted an injury, such as double heat, where the period of treatment cannot be known to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to photographs of damaged parts E, short-form photographs;

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 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the defendant reflects the mistakes, the fact that the defendant agreed smoothly with the victim, and the fact that the defendant commits a crime committed by contingency in the influence of alcohol);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of the favorable circumstances in the preceding);

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