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(영문) 춘천지방법원 2014.12.09 2014고단1100
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

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. A medical certificate;

1. Application of each statute on photographs of damage;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning a crime, Article 257 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., an agreement with the victim and considering the reflection, etc.);

1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances);

1. The defendant's defense counsel applying Article 62-2 of the Criminal Act to probation and community service order asserts that the defendant committed the instant crime in a state of mental disorder under the influence of alcohol.

According to the result of the examination of evidence, it is difficult to view that the defendant is in a state of mental disability solely based on the fact that the defendant was aware of drinking at the time of the case, in light of the defendant's behavior.

The reason for sentencing [Scope of Recommendation] Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodily Injury, and Special Bodi Bodily Injury (Habitual Injury, Bodi Bodi Bodily Injury) (1.6-2 months) (Special Mitigation) / 1 year and six months: The scope of sentence comparing the sentence with the recommended sentence which is not sentenced to punishment: 1 year and six months to six months (2 years and six months (2 months prior to the decision of sentence) in consideration of all the circumstances revealed in the oral proceedings of this case, such as the reasons for discretionary mitigation as seen earlier, etc., the sentence as per the order

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