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(영문) 춘천지방법원 영월지원 2014.06.13 2014고단134

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 became final and conclusive.

Reasons

Punishment of the crime

On March 5, 2014, at around 21:40 on March 21, 2014, the Defendant, at the dormitory of the D company located in Gangwon-gun C, brought an injury to the victim, i.e., the victim E (year 42) and E while drinking alcohol, on the part of the victim, who was a dangerous object on the table that was on the table of the victim, was suffering from the injury of the victim, i.e., the victim, on the one-time basis, on the part of the victim, who was in need of approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to the investigation report (Attachment of photographs);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing of Article 62(1) of the Criminal Act Article 62(1) of the suspended sentence is not sufficient to commit the instant crime in which the Defendant, using dangerous articles, inflicted bodily injury on the victim.

However, it is so decided as per Disposition, considering the fact that the victim does not want the punishment of the defendant, the fact that the defendant has no history of punishment exceeding the fine, etc. in favor of the defendant, and considering the various factors of sentencing as shown in the records of this case and the scope of recommended sentences in the sentencing guidelines (the group of violent crimes (Habitual injury, bodily injury, special injury), mitigation area (the mitigation factor), one year and six months from June to June of the recommended sentence), and one year and six months from the recommended sentence).