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(영문) 수원지방법원 2014.05.14 2014고단1557

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant,

1. At around 22:00 on October 18, 201, at the Defendant’s residence, the Defendant’s wife D (n, 33 years of age) and a dispute with the Defendant’s wife, the Defendant was faced with a storm flag, which is a dangerous thing, and the Defendant was placed in an open top for issuance to the left-hand side of which the victim’s treatment days cannot be identified, by making the Defendant’s outbreak, etc. take place on the back spawn, the Defendant’s wife, and the Defendant took an open top for issuance to the left-hand side of which the number of treatment days cannot be identified;

2. On March 16, 2013, at around 21:00, the victim E (year 15) who is the Defendant’s child at the place specified in paragraph (1) committed an assaulting the Defendant, such as gathering a pipe, which is a dangerous object, and making it possible for the victim to know the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to D and E;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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 extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend lectures;

1. Scope of applicable sentences under law: Imprisonment with prison labor for a year and six months from June to June 22;

2. Scope of the recommended sentencing criteria; and

(a) Basic crimes and concurrent crimes: Insignificant injury in violation of the Punishment of Violences, etc. Act (determination of types), violent crime group-special injury [the scope of recommendation area] mitigation area (one year and six months to six months), special mitigation area (one year and six months of imprisonment): Minor injury;

B. Extent of recommendation according to the standards for handling multiple crimes: The lower limit of one year and six months to nine years shall be one year and six months, which is the lower limit of the basic crime, and the upper limit shall be two years and six months, which shall be one-half years and six months, which shall be the upper limit of the scope of punishment of concurrent crimes.