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(영문) 춘천지방법원 2013.10.22 2012고단959
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for two years.

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

1. Around 19:00 on August 31, 2012, the Defendant, in violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) expressed the same attitude that the victim E (the age of 52) who was drinking together in the “D” restaurant in Chuncheon City, C, “this ring, dead,” and that the victim’s knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife k

2. The Defendant, in violation of the Punishment of Violences, etc. Act (injury by collective action, deadly weapons, etc.) set the knife knife knife on the tables at the time and place specified in paragraph (1), and put the victim’s breast part on the upper knife, which is a dangerous object in the above table (10cc in total length), with the victim’s breast part on the upper knife.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. E statements;

1. A report on the field of violence;

1. The police seizure record and the list of seizure;

1. A report on investigation (related to witness testimony and statement of theF witness);

1. Application of statutes on site photographs;

1. Relevant Article on the crime, Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act on the Punishment of Violences, etc., Article 257 (1) of the Criminal Act (the occupation of posing a deadly weapon), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act (the occupation of intimidation carrying a deadly weapon);

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

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

1. Article 62 (1) of the Criminal Act (Reference to the following reasons for sentencing) of the suspended sentence;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Imprisonment with prison labor for not less than one year and not more than six months but not more than 45 years;

2. Scope of recommended sentences according to the sentencing criteria;

A. Article 1 of the Criminal Act provides that the basic area of habitual crime, repeated crime, and special intimidation [the decision of the recommended area] of the crime of intimidation as indicated in the holding.

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