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(영문) 춘천지방법원 강릉지원 2014.06.12 2014고단321
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

except that 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

At around 10:40 on March 20, 2014, the Defendant: (a) stated that the victim was no longer able to repay the loan 18 years ago to the victim; (b) carried the knife knife, which is a dangerous object between preparation and preparation, in a bank; (c) carried the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif knif

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to D and E;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to investigative reports;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by 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]: violent crime group, habitual injury, repeated injury, special injury (special injury) category 1 (specially injured person] - mitigated factors: Minor injury (the scope of the decision on the recommended area and the sentences of recommendations) mitigated areas: Imprisonment with prison labor and June - two years and six months;

3. In light of favorable circumstances, such as the fact that there is no agreement with the victim on the sentence, that there is no agreement with the victim on the sentence, that the Defendant prepared a knife in advance, and that the Defendant inflicted an injury on the victim, and that there is no injury, and that there is no criminal record other than the suspended sentence imposed due to a violation of the Punishment of Violences, etc. Act prior to the long time, the sentence shall be determined as above, taking into account the following factors: the Defendant’s age, character and behavior, family environment, circumstances surrounding the crime, means and consequence of the crime, the circumstances

more.

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