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(영문) 춘천지방법원 강릉지원 2015.09.03 2015고단678
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 23:40 on January 21, 2015, the Defendant, while drinking alcohol together with son at the main point of “E” located in the East Sea as of 23:40, 2015, the Defendant called “E” to the Defendant’s wife G (nore, 41 years old) who was aware of the society that the Defendant used, called “Isson’s snoring snoring” was a trial expense, and the Defendant had the victim and the victim had the horse dispute with her face while gathering the beer, the water contained in the water cup, the dangerous things on the table, and caused the victim to flick the face part of the victim’s face.

As a result, the defendant carried dangerous articles and inflicted injury on the victim such as autopsy and eyebrow on the left side of the treatment days, eyebrow, the opening of the care room, the official trade on the left bucker part, and the softening of the legal spawn.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A written opinion and a medical certificate;

1. Application of Acts and subordinate statutes to the site and photographs of damaged parts;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act on probation and community service order is favorable sentencing factors, such as the fact that the defendant committed a crime and agreed with the victim while the defendant committed a crime, and the defendant has several violent crimes, and there are several times of violent crimes, and the victim was brutly injured, and the victim appears to have plebly committed a crime and the result of the crime are disadvantageous sentencing factors.

The sentencing guidelines are recommended in consideration of various factors such as the defendant's age, character and behavior, environment, motive, background, means and consequence of the crime, and circumstances after the crime.

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