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(영문) 춘천지방법원 강릉지원 2014.06.19 2014고단380
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

Around 18:00 on May 11, 2014, the Defendant: (a) took a knife (total length: 23 cm; 13 cm; knife : 13 cm; knife : 13 cm; knife : knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif knif knif knif knif)

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each police statement made to D and E;

1. Police seizure records;

1. Application of Acts and subordinate statutes of a medical 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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing):

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for one year and six months; - 15 years;

2. Scope of the recommended sentences for the sentencing guidelines [Determination of types of punishment]: violent crime group, category 1 (Special Bodily Injury) resulting from Habitual Injury, Bodily Injury (Special Bodily Injury) - mitigated factors: Reduction areas: Imprisonment with prison labor and June 1 and June 2;

3. The following facts are: (a) the victim agreed to and did not want the punishment of the Defendant; (b) the damage was not relatively serious in light of the means of the crime or the part of the injury; (c) the depth of the instant crime; and (d) the fact that there was no punishment heavier than a suspended sentence due to violent crimes, etc. was likely to cause serious damage, such as the means of the crime or the part of the injury, in favor of the Defendant; and (d) the distance between the escape victims.

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