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(영문) 춘천지방법원 강릉지원 2014.04.10 2014고단90

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

Around 00:20 on November 24, 2013, the Defendant entered the “Dhop” in C, and took a bath to the victim E (the 30-year-old-old-old-old-old-old-old-old-old-old-old-old-free-free-free-free-free-free-free-free-free-free-uncepted-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out

C. In the first time of the victim's head, the victim suffered bodily injury, such as the impairment of 2 skins that require medical treatment for about 14 days.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol of the accused and E;

1. A written diagnosis of injury (E);

1. Application of Acts and subordinate statutes of each investigation report;

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 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the agreed point with the victim and the fact that the defendant is in depth against the victim);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. The reason for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for one year and six months to fifteen years;

2. The scope of the recommended sentence on the sentencing guidelines [decision of type] group of violent crime, special injury (special person in a form of punishment): Minor injury, penalty not to be imposed (the scope of the recommended sentence and the range of the recommended sentence]: Imprisonment with prison labor for September - two years and six months [the range of the recommended sentence and the statutory sentencing range] - in the event that the range of the sentence recommended by the sentencing guidelines differs from the legally applicable sentencing range, the scope of the recommended sentence shall follow the lowest limit of the legally applicable sentencing range. Accordingly, in the end, one year and six months of imprisonment - two years and six months of imprisonment.

3. The defendant's age, character and conduct, family environment, background, means and result of the crime, as agreed with the victim of the sentence, the fact that damage is relatively minor due to contingent crimes, the defendant's depth is against his/her will, and other crimes.