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(영문) 수원지방법원 평택지원 2014.05.28 2013고단1679

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is working at “D” and at the place of the Defendant’s operation, which is in Ansan City C, between November 20, 2013 and 13:18, and between November 20, 2013.

On the ground that the retired victim E(63 years of age) demanded and demanded wage for one-month in which he was not paid, the victim was able to fleep the flick of the victim's breast part of the victim's breast part of the victim's breast part of the victim's chest due to drinking, and the victim's left part of the victim's part of the dangerous article on the floor (92 cm in length, 1.5 cm in thickness) once, the victim's left part of the victim's part was able to receive approximately two weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Police suspect interrogation protocol regarding E;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The range of sentence on the sentencing guidelines [decision of types] the range of sentence [decision of types] the category of violent crime group, habitual injury, special injury by repeated crime, and Type 1 [Scope of sentence by recommendation]: Imprisonment with prison labor for one year and six months - Two years and six months (a minor injury: A minor injury);

2. Determination of sentence - Determination of sentence - One year and six months of imprisonment, the fact that the method of committing the crime for two years of suspended sentence is very dangerous, and that there is no agreement with the victim, etc., disadvantageous to the defendant, the injury suffered by the victim is relatively minor, and the defendant also suffers from the injury due to the head on the wall of the victim in the process of disputing with the victim, the defendant has no record of punishment by mistake, the defendant has no record of punishment by mistake, and other circumstances shown in the records and arguments, such as the defendant's age, character and behavior, family environment, etc.;