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(영문) 춘천지방법원 원주지원 2015.06.16 2015고단333
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

On March 24, 2015, the Defendant: (a) around 18:20 on March 24, 2015, the victim E (the 54-year-old age) who frighted in the D restaurant located in the Won-si, had the victim E (the 54-year-old age-old) admonish himself/herself and told him/her to respect himself/herself; and (b) the victim's fright to this end was the fright of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of statutes on site photographs;

1. Articles 3 (1) and 2 (1) 3 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes, and Article 257 (1) of the Criminal Act (the point of bodily injury while carrying a deadly weapon);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for probation and order to attend a lecture [decision of types] for habitual injury, repeated injury, and special injury [Special Contributor] - Reduction element of punishment (including a person who has been habitually injured, injured, repeated crime, and special injury] - Reduction element of punishment (including a serious effort to recover damage), reduction range area (including the recommended field, recommendation type), 1 year and June 2/6] - The main reasons for major participation - The positive reasons for major participation: Failure of punishment (including a serious effort to recover damage) - any contingency, serious reflect [decision of sentence]: One and half years of imprisonment, two years of suspension of sentence, probation and order to attend a lecture, even though they had had the record of already punished several times of violence, again have inflicted an injury on the victim.

However, the defendant reflects the wrong and agreed with the victim.

In consideration of these circumstances, the punishment as ordered shall be determined.

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