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(영문) 춘천지방법원 영월지원 2014.05.30 2014고단22

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for two years.

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

At around 22:10 on October 25, 2013, the Defendant reported the side of the victim E (the age of 48) who is the Defendant’s son at Thai City C Operation 202 (D Apartment), and suffered injury, such as a flock flat flat, which requires approximately four weeks of treatment to the victim as soon as the victim’s face, body, leg part, etc. is a dangerous object.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes to medical certificates and photographs on damaged parts;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that the crime of this case is not appropriate to commit the crime of this case where the defendant, using dangerous articles, inflicted bodily injury on the victim.

However, it is so decided as per Disposition by taking into account the following factors: (a) the Defendant is the primary offender; (b) the victim does not want the Defendant’s punishment into consideration the favorable circumstances; and (c) various sentencing factors that appear in the course of the instant records and the scope of recommending sentencing guidelines (the group of violent crimes (Habitual injury, bodily injury, special injury); (d) mitigation area; (e) one year and six months from June to June of the recommended sentence); and (e) one year and six months from the recommended sentence.