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(영문) 춘천지방법원 2015.04.16 2015고단36

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around September 21, 2014, the Defendant: (a) observed one another on the ground that the victim E (year 45) and F, who had drinking alcohol on the table table, had been drinking on the table table table to F and F, had been able to reach an age more than the Defendant on the ground that the Defendant was her steering car, and the Defendant’s head was flicking one time with the victim’s head on the ground that the victim’s head was flicking one another on the ground that “I would am hick to a large number of F,” and the victim’s head was flicking two times at the victim’s face by drinking.

As a result, the defendant carried dangerous things with the victim and inflicted an injury on the victim, such as a 21-day snow, open wound around snow, 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 Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following factors are repeatedly taken into account for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of recommendations according to the sentencing criteria [type of crime] shall be limited to the range of punishment [special mitigation factors] of habitual injury, repeated injury, special injury (special mitigation factors], and the penalty not to be imposed (the scope of sentence of recommendation]. Imprisonment with prison labor for one year and six months through six months;

2. The crime of this case committed by the Defendant with a deadly weapon, resulting in injury to the victim by getting the head of the victim. While there are unfavorable circumstances, such as the nature of the crime and the fact that the Defendant had already been punished as violent crimes several times, the Defendant led to the confession of the crime of this case, and the fact that his mistake is against the victim, and that he agreed with the victim.