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(영문) 춘천지방법원 영월지원 2013.09.17 2013고단328

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 21:00 on December 24, 2012, the Defendant discovered the victim F (e.g., age 51) on the side table table, discovered the victim F (e.g., age 51) who performed drinking together with E at the main point of “D,” located in Gangwon-gun, Gangwon-gun, and took part in a dispute with the victim, based on what is the reason for the Defendant’s questioning and accompanying the victim, and subsequently, she left the part of the victim’s left side by citing the beer bottle on the table table.

As a result, the defendant carried dangerous objects and carried them about two weeks of medical treatment, which requires medical treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Second prosecutor's protocol of interrogation of the accused (including each statement part of G and F);

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to a medical certificate (medical doctor H);

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 grounds for probationary mitigation below);

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended sentence (Article 62 (1) of the Criminal Act (Article 62 (1) shall apply to the defendant who has no criminal record or heavier than the suspended sentence

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., shall be as follows: The actual contents of sentencing shall be as follows: [Determination of a type] the range of sentence recommended according to the sentencing guidelines, Habitual injury, repeated injury, special injury, repeated crime: Reduction element: Reduction element of punishment [special punishment]: Reduction element of punishment [the scope of recommendation range] Reduction element / [the scope of recommendation range] Reduction range] 1 year and six months to two years and six months [the suspension of execution] - Major reasons for entry - Non-prosecution of punishment (self-esteem): Unfavorable contingent crime; serious reflectness; and there is no criminal record of not less than a stay of execution or more criminal records;