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(영문) 춘천지방법원 원주지원 2014.04.23 2014고단161

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

On January 17, 2014, the Defendant: (a) around 22:00, at the “Dju-si,” the “Dju-si” corridor, which is located in the Won-si, and (b) the victim E (the age of 51) and the time of the construction project as a problem; (c) caused a shoulder beer disease, which is a dangerous object cited, to put the left shoulder part of the victim on the left side of the victim one time.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Application of Acts and subordinate statutes to the site and photographs of damaged parts;

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 consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

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

2. Application of the sentencing criteria;

(a) Determination of types: Violence crimes, special injury, and Type 1;

(b) Persons who are specially sentenced to punishment: The elements of mitigation;

(c) Scope of recommendations: Reduction area, one year and six months from June to two years and six months;

3. Determination of sentence: Imprisonment with prison labor for a year and six months, a stay of execution for two years, a community service work 40 hours [the reasonable circumstances] agreement (500,000 won), and a risk of harming a victim due to a shoulderer's beer and beer;