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(영문) 전주지방법원 남원지원 2014.07.22 2014고단126

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 April 29, 2013, the Defendant: (a) around 19:30 on April 29, 2013, the Defendant, while living together with the victim D (Inn, 40 years of age) who was living together with the Defendant’s house in the Jeonbuk-gun C, the Defendant: (b) made a dispute with the other male; (c) was suspected that the victim was drinking by another male; (d) and (d) was working once on the hacked hand, etc. of the victim, which was a dangerous thing in the kitchen; and (d) caused the Defendant’s injury to the right line, which requires two-

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Police seizure records;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

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

1. The scope of punishment by sentence: Imprisonment for one year and six months to fifteen years;

2. The range of recommended sentences according to the sentencing guidelines (decision of types of punishment), violent crimes, repeated bodily injury, special injury by habitually injured persons, and mitigation factors of types 1 (specially punished persons): The area of mitigated punishment [the scope of recommending punishment]: Imprisonment with prison labor for not less than one year and six months through six months;

3. The offense of this case with the sentence is not likely to result in the injury of the victim who was living together with the defendant with the simpled fish, which is a dangerous thing, by taking the hand of the victim.

However, in light of the fact that the defendant recognized the crime of this case and reflected, the defendant did not have the record of being subject to punishment exceeding the fine, the victim does not want the punishment of the defendant, the defendant's age, character and conduct, and environment, and other various sentencing conditions specified in the proceedings of this case, the punishment shall be determined like the order.