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(영문) 춘천지방법원 2013.12.03 2013고단894

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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 July 28, 2013, the Defendant: (a) around 18:10, the main point of the victim D (years 75, n, and 76 years of age) in Gangwon-si and the “F” operated by the victim E (years 76) is, under the influence of alcohol, the Defendant was under the influence of the victim E, who was demanded to pay the amount of credit from the victim E to pay the amount of credit; (b) while doing so, the Defendant took a bath to the above victim, threatening the victim as tts the eye of the said victim as butts, hicked the victim’s eye, fel, and affixed the victim’s side kne with the victim’s kne and kne with the victim’s kne.

As a result, the defendant suffered injury to the victim E, such as dystroke, which requires approximately six weeks of medical treatment, and put the victim D with a chest stroke in need of medical treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to D and E;

1. A dispatch report;

1. Each written diagnosis;

1. Application of statutes on site photographs;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime concerned and Article 257 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (referring to the following reasons for sentencing)

1. Imprisonment with prison labor for not less than one year and not more than six months but not more than 45 years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Habitual injury, repeated injury, special injury (special person in special form) resulting from habitual injury, repeated crime, injury resulting from special injury (special person in special form) - mitigated factors (decision on the area of recommendation), mitigated area [decision on the area of recommendation] mitigated area (decision on the area of recommendation] one year and six months to two years and six months;

(b) The result of an aggravated increase of the range of multiple offenses in accordance with the guidelines for handling multiple crimes (Article 1) (Article 2(1/2) of the upper limit of crimes: January 1 and June.