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(영문) 수원지방법원 2014.07.25 2012고단2516

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

The defendant is the birth partner of the victim C(M, 55 years of age).

On April 26, 2012, at around 06:55, the Defendant collected the gar (11cm length: 11cm) which is a dangerous object in the neighborhood on the ground that the victim was able to drink in the main room of the victim's residence located in Masung City D while drinking alcohol, and collected the victim's left face part of the victim's left face once, and put about two weeks back an open top of the victim to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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. Grounds for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. Scope of the recommended sentences for the sentencing guidelines [decision of types] the group of violent crimes-special injury [the scope of the recommended sentencing] mitigation area (one year and six months to two months), the area of mitigation (one year and six months to six months): A person not subject to the punishment;

3. The defendant who has made a decision of sentence has divided his errors.

The punishment as per the order shall be determined within the scope of recommendation, considering the fact that the victim has agreed smoothly with the victim.