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(영문) 수원지방법원 2014.11.28 2014고단5913

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 22, 2014, around 14:20 on 14:20, the Defendant drunkd the victim C(56 years of age) at a parking lot chartered bus in the Magyeong-si, 1644-ro, the Defendant suffered bodily injury from the tear of the victim’s head, flading the victim’s head part, thereby making it difficult for the victim to know the number of treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. Scope of the recommended sentences for the sentencing guidelines [decision of types] the group of violent crimes-special injury [the scope of the recommended sentencing] mitigation area (one year and six months to two months), the area of mitigation (one year and six months to six months): A person not subject to the punishment;

3. The decision of sentence shall be made in the same manner as the order within the scope of recommendation, taking into account the fact that the defendant who has made a decision of sentence repents of errors and has agreed smoothly with the victim; and