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(영문) 수원지방법원 안산지원 2013.10.18 2012고합697

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

At around 07:20 on November 16, 2012, the Defendant collected the head and face of the victim C (the age of 30) who was in danger of being in the middle of the body (the length 93cm, 2.5cm thickness 2.5cm) from the 875 Sinsan-dong, Ansan-gu, the Defendant inflicted injury on the victim, such as brain sil, etc. for about 21 days, by gathering the head and face of the victim C (the age of 30) who was in danger of being in the middle of the body (the age of 93cm, the thickness 2.5cm).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written statement of D;

1. Photographs and investigation report related to the case (verification, etc. of the degree of injury of the victim);

1. Written opinion, certificate of the disabled, request for cooperation in investigation affairs (such as medical opinion, etc.), application of Acts and subordinate statutes for inquiry and reply to an inquiry;

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. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act that statutory mitigation is granted (a mental or physical disability caused by disorder, etc. of fissionability);

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 (1) and the main sentence of Article 62-2 (2) of the Criminal Act;

1. The scope of applicable sentences: 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), range of punishment for violent crime group, habitual injury, repeated injury, special injury (specially injured person): Reduction elements of category 1 (specially injured person): mental health and physical disability (no person in person in question): Imprisonment with labor for a year and six months to two years.

3. The crime of this case committed by the Defendant on the sentence of sentence is deemed to have inflicted an injury on the victim by putting the head and face of the victim who was charged in the park several times, and in light of the background of the crime, the degree of injury, and the risk of the instrument used for the crime, etc., the nature of the crime of this case is not easy, and the Defendant shall also be punished by imprisonment with prison labor for violent crimes prior to the crime of this case.