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(영문) 춘천지방법원 속초지원 2013.12.06 2013고단444
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 became final and conclusive.

Reasons

Punishment of the crime

On August 28, 2013, the Defendant: (a) around 23:30, the victim D(the age of 48) in the Seocho-si Si, Sinsi-si, performed drinking together with the victim; (b) the victim returned to his house while drinking alcohol; and (c) the Defendant, by hand, brought the son’s disease, which is a dangerous object on the breabbble table, brought the victim’s left side.

As a result, the defendant carried dangerous things and put the victim inside of the treatment days to open the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. On-site and photographs of damaged parts;

1. Application of Acts and subordinate statutes for medical treatment;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the defendant acknowledges and reflects the crime, the degree of damage to the victim, the defendant's relatively minor, and the fact that the defendant has no record of criminal punishment for the last ten years);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

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