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(영문) 춘천지방법원 강릉지원 2015.12.17 2015고단1270
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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

피고인은 2015. 5. 6. 02:00경 강릉시 C에 있는 ‘D’ 주점 앞 사거리에서 피고인을 포함한 그 일행들이 피해자 E(19세)을 포함한 피해자 일행들에게 비하하는 말을 한 것을 들은 피해자가 함께 있던 친구들에게 “저 새끼 팰까”라고 말을 하였다는 이유로 피해자에게 “야, 이리 와봐!”라고 피해자를 부른 다음 주먹으로 피해자의 얼굴 부위를 약 4~5회 때렸다.

The Defendant continued to threaten the face of the victim by putting the victim on the main point of “D” and putting the main disease in custody before the entrance, and then putting the main disease in custody of the victim on one hand, putting the victim on one hand, putting the victim’s neck on the wall, keeping the victim’s face into a shoulderer disease, which is a dangerous object, by keeping the victim on the wall.

In addition, the Defendant knee knekeled the victim by making the victim kne kel in his room room, and knee knee knee in another hand, took the victim's face, etc. several times by other hand, took one-person small-scale kne kne, which is a dangerous object in the room, and threatened the victim with 500cc beer kne kne, which is a dangerous object on the table 500cc bee kne kneb, and then kne kne blum of the victim by hand.

As a result, the defendant carried dangerous things and inflicted injury on the victim, such as inside and outside the left-hand side of the victim in need of treatment for about four weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 257 (1) 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;

1. Probation order was committed in the court for sentencing under Article 62-2(1) of the Criminal Act.

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