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(영문) 수원지방법원 2014.08.27 2014고단3618
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

On June 30, 2014, around 07:23, the Defendant: (a) followed the volcanic bridge in 45:5-3, Dao-ro, Dao-ro, 25-3, and (b) made the victim C (at the age of 56) about a dry field, and made it wrong for the victim to do so, and (c) made the victim “the galm length,” “the gals of the gals, the gals of the gals, the gals of the gals of the victim,” and (d) made the victim’s gals of the gals of the galf, the galf of the galf, the galf, the galf, and the galf, the g

As a result, the Defendant carried a dangerous object, and caused injury to the victim, such as the left-hand wall, the inspection, etc. requiring approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the “the reason for sentencing”)

1. Scope of applicable sentences under 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] the group of violent crimes-special injury [the scope of the recommended sentencing] the area of special mitigation [the scope of imprisonment and the scope of the recommended sentence] shall be subject to imprisonment for a year and six months (a revision by the lower limit of the applicable sentencing under the Acts, or a special mitigation person for a period of six years and six months: Minor injury

3. In consideration of the fact that the Defendant’s decision of sentencing is divided by mistake and that there has been no penal power for the past, that the Defendant is old, that the Defendant agreed with the victim, that the degree of injury in this case is relatively minor, etc., the sentence as ordered shall be determined within the scope of recommendation.

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