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(영문) 춘천지방법원 속초지원 2013.10.30 2013고단302
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

At around 01:00 on July 12, 2012, the Defendant: (a) carried out fighting with the victim E (the age of 31) engaged in growing trees together at the same site and with a daily issue within the said room, and (b) laid down one, which is a dangerous object in the said place, and laid down the head part of the victim once by gathering one, and (c) put about two weeks of the victim’s left eye due to his finger, and (d) put up two open wifes in need of two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A victim and on-site photograph;

1. Application of medical certificates and Acts and subordinate statutes on medical records;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that the accused acknowledges and reflects the crime, contingency crimes, and the fact that the accused has no criminal record of imprisonment or heavier punishment);

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

1. Probation under Article 62-2 of the Criminal Act;

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