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(영문) 춘천지방법원 원주지원 2015.10.07 2009고단283 (1)
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 becomes final and conclusive.

Reasons

Punishment of the crime

On March 8, 2009, the Defendant: (a) informed the victim D (the 59-year old) at the Defendant’s accommodation located in the Seoul apartment 219-gu Won-si, the Defendant: (b) informed the victim D (the 59-year old-old, the 6-story, the Haat Haat Haat Haat Haat Haat, the Haat Haat Haat Haat Haat Haat Haat) of the horses; (c) faced with the main illness, which is a dangerous thing in the place, in the wall; (d) broken the victim’s chest part of the victim’s chest in one time due to the shoulder, and (e) caused the victim’s face part in drinking, and led to the old net fever where the number of days of treatment cannot be known to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Statement to E by the police;

1. Application of related Acts and subordinate statutes;

1. Articles 3(1) and 2(1)3 of the former Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); Article 257(1) of the Criminal Act concerning criminal facts

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Taking into account the fact that there is no record of criminal punishment for sentencing under Article 62-2 of the Probation Criminal Act, the victim's non-guilty source of punishment, the defendant left China around 2009 and did not attend the trial of this case for a long time, and the recent period of voluntary arrest and detention, and the fact that the defendant is aged and against his age.

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