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(영문) 춘천지방법원 영월지원 2015.11.13 2015고단367
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

At around 15:30 on August 18, 2015, the Defendant collected a brick (a 18cm, 5cm) which is a dangerous object in front of the above office, from the victim’s face, on the ground that the victim E (53 years of age) was referred to as “Woo,” and disregarded the Defendant, and caused the victim’s injury to an open upper part of the victim’s face, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of diagnosis certificates, damaged parts, on-site photographs and statutes;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of circumstances, such as smoothly agreed with the victim and the absence of the same kind of violence for the last ten years);

1. Social service order under Article 62-2 of the Criminal Act;

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