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(영문) 춘천지방법원 영월지원 2014.10.31 2014고단347

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

The Defendant, as C articles, was dissatisfied with the victim D (the age of 52) who was a member of the same company, did not participate in the strike but did not join the union, and was injured by the victim's right side side by a knife, a knife (30cm in length) which was a dangerous object after the knife of the victim, knife the knife, knife the victim's knife in the parking lot E located in Gangwon-gun, Gangwon-do on June 27, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Application of the Acts and subordinate statutes on medical examinations, field photographs, CCTV image photographs;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing guidelines (Scope of recommending punishment) : Habitual injury, repeated crime injury, special injury, type 1 (Habitual injury, repeated crime injury, special injury) and areas subject to mitigation (one year and six months from June to two years) (special mitigation) of punishment;

2. The fact that the defendant has no record of the punishment heavier than that of the suspension of execution (unjustifiable circumstances) that the defendant has been sentenced to punishment (unfavorable circumstances), the criminal intent of the crime, the result of the crime, and the circumstances after the crime, etc. are not good enough to raise the risk thereof;