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(영문) 춘천지방법원 강릉지원 2014.04.22 2013고단141 (1)

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

Reasons

Punishment of the crime

On March 28, 2012, the Defendant was sentenced to a two-year suspended sentence for a violation of the Act on the Promotion of Game Industry in the Young-gu District Court’s Young-gu District Court’s Young-gu Branch on March 28, 2012, and the judgment became final and conclusive on March 2

Around 20:40 on November 30, 2012, the Defendant found the victim C(44 years of age) to “Ecafeteria” in the Defendant’s operation in Gangseo-si Da, and called “Yung-si Dop”. However, the Defendant: (a) called “Yung-si Dop,” the Defendant sent to the Defendant, “Yung-si Dop Dop,” her hand, bomed the Defendant’s breath, her head, her face, her face, her body, and her body head, took several times; (b) her face, her face, her face, her face, and her body head, and her holeed on the face of the Defendant; and (c) she saw out of “E restaurant”, the victim was fluding the smoke, and her head, and she caused the victim’s injury to the victim, such as the number of days of the defrash (1m in length).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to field photographs and photographs of the upper part of the body;

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. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that an agreement has been reached with the injured party) ;

1. The scope of punishment by law: Imprisonment with prison labor for one year and six months to fifteen years;

2. The scope of the recommended sentence on the sentencing guidelines [decision of type] the category of violent crime group, special injury (special person) - the mitigated element: minor injury, the victim is also responsible for the occurrence of a crime or the expansion of damage, the non-prosecution of the punishment [the scope of the recommended area] special mitigation range: 9 months of imprisonment - 2 years and 6 months [the scope of the recommended sentence and the statutory sentencing range] - the sentencing range recommended by the sentencing guidelines are legally applicable sentences.