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(영문) 춘천지방법원 원주지원 2015.09.22 2015고단596
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

The Defendant, as the victim C (the age of 27), is a space between September 2014 and December 2014, when she took a teaching system, and took a school system again from May 2015, 2015.

At around 01:00 on May 15, 2015, the Defendant visited the victim’s residence within the studio 202, which is the residence of the victim located in Da, Won-si, the Defendant: (a) reported the details stored in the Defendant’s cell phone; and (b) reported the contents stored in the Defendant’s cell phone to the toilet, and (c) made the Defendant stop the Defendant.

Accordingly, the Defendant cited a yellow knife knife, which is a dangerous thing that the Defendant had been in the face of the knife, and laid down the knife knife of the victim’s left hand knife from the upper side of the knife to the lower side of the knife, and the victim laid down the knife knife knife, which is a dangerous thing that the knife the knife was in the front side of the knife, and laid down the knife of the victim.

As a result, the Defendant committed a “satise in the heart of the mother side of the left side,” which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A medical certificate;

1. Application of Acts and subordinate statutes to on-site photographs and body 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of recommending punishment] Where the area of mitigation (one year and six months to two months), the area of mitigation (including special mitigation), the area of punishment not having been imposed (including efforts to recover damage), or considerable damage has been recovered (a decision of sentence] one year and six months, and two years of suspended sentence: the defendant is a knife.

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