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(영문) 춘천지방법원 2014.09.04 2014고단676

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 of the final judgment.

Reasons

Punishment of the crime

On June 23, 2014, around 17:25, the Defendant served one time on the part of the victim D(51) with a food blade (30cc in length, 17cc in blade length), which is a dangerous object at the home of the Defendant, carrying alcohol from the Defendant’s house located in Chuncheon Crack Crop Crop Crop Crop 204, without any particular reason.

As a result, the defendant carried dangerous things with the victim and put up an open top of a scarke wall that requires treatment for about 20 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written diagnosis of injury;

1. Application of the existing Acts and subordinate statutes of one seized knife (No. 1);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [Scope of Recommendation] : Where the mitigated area (including voluntary mitigation), Type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi) (1 year and June 2 year and June 6) or considerable partial damage is recovered, the range of sentence comparison between the applicable sentences and the recommended sentences: 16-2 years and June (2 year 196) agreed with the victim; 16-2 years and June; 2005; 2005, the Defendant was punished several times before 205; however, there was no history of punishment after 2006.