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(영문) 춘천지방법원 2013.09.24 2013고단728

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 22:25 on May 11, 2013, the Defendant: (a) expressed the victim D (n, 48 years of age) in Chuncheon City, that “I would not drink because I would not drink because I would have been deprived of drinking” at the E-ju shop operated by the victim D (n, 48 years of age). Before doing so, the Defendant added the victim’s right side knife (10cc in blade, knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knifs) and knife knife knife knife knife knife knife knif.

Summary of Evidence

1. Defendant's legal statement;

1. Second written examination of the accused by the prosecution;

1. Each prosecutor's statement concerning F, G, and H;

1. Each police statement made to D or I;

1. Police seizure records;

1. Each investigation report (report on attachment of seized objects, report on the results of analysis of the details of currencies, results of the search of CCTV around the scene of the crime, and victim fences);

1. Four copies of photographs, application of the relevant Acts and subordinate statutes;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 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 (Reference to the following reasons for sentencing) of the suspended sentence;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Imprisonment with prison labor for not less than one year and not more than 6 months but not more than 30 years;

2. Extent of the recommended sentence according to the sentencing guidelines (decision of types of punishment) [Determination of types of punishment] shall be limited to the range of the recommended sentence according to the sentencing guidelines: Habitual injury, repeated injury, special injury (special person in special form] habitually injured person, repeated crime injury, special injury (special person in special form] - mitigated factors (decision of the recommended area] mitigated areas (decision of the recommended area] and six months to two years and six months.

3. The fact that the defendant who made the decision of sentence reflects the depth of the crime, that the defendant does not want the punishment of the victim by mutual consent with the victim, that the degree of injury inflicted on the victim is not much serious, and that other character, conduct, environment and environment of the defendant.