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(영문) 춘천지방법원 강릉지원 2014.10.08 2014고단770

폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Criminal Power] On April 25, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for the remaining injury, etc. at the Gangseo branch court of the Chuncheon District Court, which became final and conclusive on August 2, 2014, and is currently under probation period.

【Criminal Facts】

At around 19:40 on August 30, 2014, the Defendant, at the Defendant’s house located in the 3rd floor of Gangseo-si, Gangnam-si, the Defendant, was living together with the Defendant’s father D (71 years of age). While the Defendant, who was sentenced to the community service order by the court, requested the victim to stop to provide community service, the Defendant refused it, but the victim refused it. The Defendant, “I am to be provided with the service order for 60 hours due to this ring, I am to be provided with the service order for 60 hours. I am to be spack, spack, spack, spick,” which is a dangerous object, and the victim’s right-hand buck is cut two times prior to the spacked so that the victim’s right-hand buck is needed to receive treatment for about 10 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A medical certificate;

1. On-site photographs and standing photographs of the upper part thereof;

1. Previous convictions in judgment: Application of criminal records and other Acts and subordinate statutes;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (2) of the Criminal Act;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) the Defendant recognized his or her mistake and reflects his or her mistake; and (b) the Defendant’s age, character and conduct, family relationship, circumstances leading to the instant crime, and the following progress, which are disadvantageous to him or her; and (c) the Defendant’s age, character and conduct, family relationship, and other circumstances, which are the conditions for sentencing, shall be comprehensively taken into account and determined as ordered by the disposition.

It is so decided as per Disposition for the above reasons.