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(영문) 춘천지방법원 강릉지원 2015.12.23 2015고단596
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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 14:30 on May 12, 2015, the Defendant 2015, on May 12, 2015, 2015, hereinafter “2015 Highest 596, the Defendant: (a) walked the time for customers in front of the E-cafeteria operated by the victim D (Inn, 58 years of age) who was under the influence of alcohol; (b) left the victim’s plastic milk box, which is a dangerous thing on the street, and was collected by the victim, to fit the victim’s left arms.

As a result, the defendant suffered injury to the bottom of the left-hand framework in need of the victim's 42-day medical treatment.

On October 9, 2015, the Defendant: (a) 00:15 on October 9, 2015, the Defendant was under the influence of alcohol in front of the old terminal, and was in the G taxi in the operation of the F (53 years of age) of the victim, and was able to cross the vehicle without specifying the destination of the victim; (b) the victim was demanded to get off the vehicle, and the victim was able to take three times the shoulder of the victim for drinking.

The Defendant continued to do so at around 00:20 on the same day on the street in front of the “Jung-si Zone” located in Gangseo-si, and caused the victim to have reported the Defendant, and caused the victim’s shoulder, chest, arms and arms to do so eight times.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

"2015 Highest 596"

1. Defendant's legal statement;

1. Written statements of D;

1. The photograph of a victim or suspect taken by the police officer in need of dispatch, and the letter of diagnosis of injury "205 Highest 1265";

1. Defendant's legal statement;

1. Application of the F of each police protocol of statement to the F;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act and Article 260 (1) of the Criminal Act (the point of assault and the choice of imprisonment) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of adding up the long-term punishments for the crimes of the two crimes);

1. The fact that the accused under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation recognizes the crime and makes a confession;

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