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(영문) 수원지방법원 2014.09.17 2014고단3735
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

On June 23, 2014, at around 16:48, the Defendant, while under the influence of alcohol, was placed on the back of the head of the injured party C (the age of 47) without any particular reason, and was placed on the back of the treatment days.

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend lectures;

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] group of violent crimes-special injury [the scope of the recommended sentence] basic area (two to four years of imprisonment] (the scope of the recommended sentence]: None of the special persons:

3. The sentence shall be determined as ordered within the scope of recommendation, taking into account the fact that the Defendant committed the instant crime under the influence of alcohol, the fact that the Defendant committed the instant crime, the fact that the degree of damage to the instant case is relatively heavy, the Defendant’s penal power, etc.

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