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(영문) 수원지방법원 2015.03.11 2014고단7114

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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

1. Around 02:40 on November 4, 2014, the Defendant drinked alcohol at the main points of Suwon-gu C and C, the third floor “D,” and the victim E (the victim 52 years of age) who is another customer, and the stage of a dispute, the Defendant, in violation of the Punishment of Violences, etc. Act (a collective injury, etc., with a dangerous object, had the head of the victim, and had the victim undergo approximately two weeks of treatment.

2. The Defendant, while exercising the above violence at the time, at the time, place, as described in paragraph (1) above, committed violence in excess of the shoulder of the victim as he was prevented from the victim F (n, 44 years old) of the above E.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the police interrogation protocol to E;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (1) 1 of the same Act, Article 257 (1) of the Criminal Act and Article 260 (1) of the Criminal Act concerning the punishment of crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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 62-2 of the Criminal Act, such as probation, community service order and order to attend lectures;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months from six months to one6 years;

2. Scope of the recommended sentencing criteria; and

(a) Basic crime: Violation of the Punishment of Violences, etc. Act (determination of a type), violent crime group-special injury [the scope of a recommendation area and the scope of a recommendation form] basic area (two to four years of imprisonment): None of the special prison factors:

(b) Concurrent Crimes: Violence (determination of types of punishment) group of violent crimes-general assault [Scope of decision on the recommended area and recommendation range] basic area (two months to ten months of imprisonment): None of the special factors of punishment:

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment;