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(영문) 춘천지방법원 원주지원 2013.09.10 2013고단454
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 22:20 on June 18, 2013, the Defendant took a bath to the victim during drinking alcohol with a female-friendly victim E (the age of 23) (the age of 23) at the main point of Da located in Haju-si, nuclearly, around 22:20, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.). On the face of the Defendant, the victim was able to take a bath to the victim while drinking alcohol with the victim E (the age of 23). The victim was able to take a look at the victim’s face, which is a dangerous thing for the beer ppuri at the victim’s face, with the 500cc beer c beerma, and the victim was able to take a approximately 9cm amount of shock, and the victim was able to take a part of the beer and s

2. The Defendant interfered with the business of the Victim F’s main business by force by force, on the above date, at the above time, and at the above place, the Defendant obstructed the victim F’s main business by having the customers, who were in the main place, such as avoiding disturbance, going against other tables, and engaging in a dispute with other tables, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 314 (1) of the Criminal Act (the point of interference with business, the selection of imprisonment with labor);

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

1. Mitigation of discretionary mitigation: Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., reflectability, agreement with the victim F (Evidence No. 7); the fact that some money is deposited for the victim E (Reference Materials as of August 30, 2013); and the fact that there is no criminal conviction or heavier than a suspended sentence);

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

1. Social service order under Article 62-2 of the Criminal Act;

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