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(영문) 춘천지방법원 영월지원 2015.05.01 2015고단78
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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 21:50 on November 26, 2014, the Defendant saw the victim D (year 47) and alcohol while drinking alcohol, and was assaulted twice from the victim, the Defendant landed the victim’s head on one occasion with a beer disease, which is a dangerous object on the table.

As a result, the Defendant used dangerous objects to inflict injury on the victim, such as cerebral celebrosis which requires medical treatment for about 18 days.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of Acts and subordinate statutes to diagnostic certificates and 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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The reason for sentencing under Article 62(1) of the Criminal Act where the victim is fully responsible for the occurrence of a crime or the expansion of damage to the victim in the area of special mitigation (9 to 2 months) (9 to 6 months) (special mitigation) (special mitigation) (a person subject to special mitigation] is not subject to the punishment [decision of sentence] above, the above circumstances, previous convictions, details of agreement of the defendant, etc.

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