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(영문) 춘천지방법원 원주지원 2014.05.21 2014고단223

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 of the final judgment.

Reasons

Punishment of the crime

On March 31, 2014, the Defendant demanded on March 31, 2014, around 11:10, the Defendant, within the first floor toilet of the Kuju-si C apartment commercial building, to drink alcohol to the victim D, under the influence of alcohol.

As a result of refusal, the victim's face at one time and the victim's face was broken down, which is a dangerous object, the victim's face, and the number of treatment days cannot be known.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to victim and site photographs;

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. The scope of applicable sentences under law: 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

3. Determination of sentence: One and half years of imprisonment, two years of suspended sentence, 40 hours of community service order and 40 hours of order to attend a lecture [limited to the reasonable circumstances] agreement (200,000 won of agreement) and no of the same military force (unfavorable circumstances];