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(영문) 춘천지방법원 강릉지원 2013.06.12 2013고단74
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 became final and conclusive.

Reasons

Punishment of the crime

At around 04:20 on November 26, 2012, the Defendant: (a) while drinking alcohol with a female-friendly E and a victim F (the age of 32) at C, the Defendant suffered bodily injury from a small-scale illness, which is a dangerous object from the victim; (b) caused the injury to the head on one occasion; (c) by taking the victim’s head into account the victim’s head on one occasion, the Defendant suffered bodily injury from a small-scale disease, which is a dangerous object from the victim; and (d) took the victim’s head on one occasion, and put the victim into two parts of the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes governing the G production;

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 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da15488, Jan. 2, 2007) (see, 2007Da1148, Jan. 2, 2007)

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

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