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(영문) 전주지방법원 2015.09.18 2015고단820

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 three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 18:30 on April 30, 2015, the Defendant sent the mail on the front side of the Seocho-gu Seoul Special Metropolitan City C Loans, and then taken the mail back to the Defendant, on the ground that the Defendant, the above CFC manager, “the victim D (the age of 62) was ‘dwarfing the south’s postal item’, each item (the length, 67 cent, 2 cent thickness) dangerous to the Republic of Korea, which was a dangerous object from the Republic of Korea, was set up two parts of the victim’s head, and carried up two open measures requiring approximately one week medical treatment for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police about D;

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

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

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;

2. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused in the following sentencing grounds):

3. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as “the reason for sentencing”), which is favorable to the defendant, shall be the same.

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Reduction elements of types 1 (Habitual Injury, Bodi Bodily Injury and Special Injury): Reduction elements of punishment (including serious efforts to recover damage), or where considerable damage has been recovered (decision on the area of recommendation), reduction elements of mitigation area [decision on the area of recommendation] mitigation (decision on the area of recommendation] mitigated area: In serious reflective (decision on the scope of recommendation] imprisonment with labor for 1 year and 6 months to 2 years and 6 months.

3. Determination of sentence: The crime of this case with a stay of execution of one year and six months is a dangerous thing that causes bodily injury to the victim by unloading two parts of the victim under each item, which is a dangerous thing of the defendant, and the nature and circumstances of the crime are not provided provided for under the circumstances that the defendant has been punished several times for the same kind of crime, and that the defendant has a record of punishment for the same kind of crime

However, the defendant was willing to commit the crime of this case.