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(영문) 춘천지방법원 2015.10.15 2015고단791
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2. A steel bars for the construction works confiscated shall be confiscated;

Reasons

Punishment of the crime

At around 13:50 on June 25, 2015, the Defendant inflicted injury on the Defendant, by putting the victim E (years 55) and Clele-ray as an issue of the D construction site located in Hongcheon-gun C, and by putting the victim into the morning, “I am going to am going to am to am or to be put in the am or to am in the am or to be put in the am or to the am or to be put in the am or to the am or to the am or to be put in the am or to the am or to the am or to be put in the am or to the am or to the am or to be put in the am or to the am or to be put in the am or to the am or to be put in the am or to the am or to the am or to the am or to be a dangerous thing.

Summary of Evidence

1. Defendant's legal statement;

1. Protocols of seizure, list of seizure, and photographs of seized articles;

1. A report on internal investigation (field photographs, etc.);

1. Each police statement to F and E;

1. Application of Acts and subordinate statutes to E;

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 (The following favorable circumstances specified in the reasons for sentencing):

1. The reason for sentencing under Article 48(1)1 of the Criminal Act of confiscation [Scope of Recommendation] In the case of habitual injury, repeated injury, and special injury [Article 48(1)1 [Article 48(1)1 of the Criminal Act [Article 48(1) of the Criminal Act] where punishment is not imposed (including any effort to recover damage), or considerable partial damage has been restored [Article 1(p) [Article 48(1) [Article 48(1) [Article 48(1)1 of the Criminal Act [Article 48(1) [Article 48(1) of the Criminal Act [Article 48(1) [Article 48(1) [Article 48(1) [Article 48(1) [Article 48(1) [Article 48(1)

Provided, That the degree of injury of the victim is somewhat minor, the punishment shall be determined in consideration of favorable circumstances, such as the fact that the defendant does not want the punishment against the defendant by mutual consent with the victim, and that the defendant reflects the crime.

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