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(영문) 춘천지방법원 영월지원 2014.05.09 2013고단498
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 21, 2013, at around 23:40 on August 21, 2013, the Defendant: (a) carried out a dispute with the victim in the “Esing room” in the “Esing room” operated by Gangwon-gun C; (b) laid the knife, which is a dangerous object on the knife; (c) carried the knife of the victim’s left hand; (d) took the knife on the knife, which is a dangerous object on the knife; and (e) took one time at the right hand of the victim; and (e) took the face of the victim by leaving 30cm on the knife.

As a result, the defendant carried dangerous things with the victim and inflicted injury on the left side of the victim in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of medical certificates, victim standing photographs-related Acts and subordinate statutes;

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 of Article 62-2 of the Social Service Order Criminal Act is that even though the defendant had been punished for the same crime, it is not good that the crime of this case is committed by using dangerous articles to inflict bodily injury on the victim.

However, it is decided as ordered in consideration of the following factors: (a) the degree of injury of the victim is not much severe, and (b) one million won is deposited to recover damage is reflected in the circumstances favorable to the defendant; and (c) the various sentencing factors and the scope of recommended sentencing guidelines (the group of violent crimes (Habitual injury, bodily injury, repeated injury, special injury), mitigation area (a minor injury), and one year and six months from June to June of the recommended sentence) specified in the records and the trial process of this case.

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