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(영문) 청주지방법원 충주지원 2014.11.21 2014고단407

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 becomes final and conclusive.

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Photographs of the victim;

1. Application of Acts and subordinate statutes to medical certificates of doctor DNA preparation;

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. Article 62 (1) of the Criminal Act;

1. The decision not to impose punishment in the mitigated area (one year and six months through two years and six months): Imprisonment with prison labor for a year and six months, suspension of execution, three years, community service hours] 80 hours in light of the implements of the crime, the victim's injury, etc. [Incompetence] of the sentencing guidelines based on the reasons of sentencing in Article 62-2 of the Social Service Order Act; the range of recommendation [the range of recommendation] according to the sentencing guidelines for the sentencing in Article 62-2 of the same Act; the sentence shall be limited to habitual injury, repeated injury, and special injury; the mitigation area (one year and six months through two months; the suspension of execution; the social service period shall be limited to 80 hours; and the poor quality of the crime shall be taken into account in light of the victim's attitude of the crime; the victim's injury and injury; and the fact that the victim and the victim agreed smoothly with [other];