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(영문) 춘천지방법원 강릉지원 2016.01.05 2015고단1350
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 sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 26, 2015, the Defendant 22:55 around 26, 2015, while drinking alcohol together with daily behaviors, including the victim E (26 tax) from the “D main points” located in Gangseo-si, Gangnam-si, the Defendant laid the beer residues on the floor, broken it down on the victim’s face on the ground that the victim was satising against the Defendant, and laid down the beer residues, which is a dangerous thing, on the face of the victim, and took the face of the victim by hand.

As a result, the defendant carried dangerous articles and inflicted an injury on the victim, such as an open head part in need of treatment for two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act concerning a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. It reflects the fact that there is a history of being fined twice due to violent crimes for the reasons of sentencing under Article 62(1) of the Criminal Act in the suspension of execution, and determines a punishment within the scope of the recommended sentence according to the sentencing guidelines [one year and June - two years and six months: Violence crime, special injury, and mitigation area (unapplicable to punishment] and the execution thereof shall be suspended;

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