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(영문) 춘천지방법원 영월지원 2014.08.22 2014고단207

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 15:50 on February 21, 2014, the Defendant expressed the victim E (the 50-year-old age) to the Defendant without any justifiable reason within the ‘D cafeteria' located in Thai City, Thai City, without any reason, and breaddd the victim following the breath of the breath of the breath, and then cut the face and chest, etc. of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the fla

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Damage photographs;

1. Application of Acts and subordinate statutes concerning investigation reports (related to failure to attach 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;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing guidelines (Scope of recommending punishment) : Habitual injury, repeated crime injury, special injury, type 1 (Habitual injury, repeated crime injury, special injury) and areas subject to mitigation (one year and six months from June to two years) (special mitigation) of punishment;

2. Consideration, such as the fact that a sentence is a contingent crime in the course of trial and a victim who has agreed with the victim;