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(영문) 춘천지방법원 영월지원 2014.08.08 2014고단210
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 became final and conclusive.

Reasons

Punishment of the crime

On March 22, 2013, at around 23:00, the Defendant: (a) discussed the victim E (the age of 49) and drinking with the victim, without any special reason, at three times the “Dju store” located in Thai City, Thailand, and caused the injury to the victim, such as the closure of the left-hand body body, which requires approximately seven weeks of treatment, by assaulting the victim, by putting the victim’s face and flaps over the floor, by putting him/her at the victim’s face.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and F;

1. Application of a medical certificate, on-site, and statutes governing damaged photographs;

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. Application of the sentencing guidelines (Scope of recommending punishment) : Habitual injury, repeated crime injury, special injury, type 1 (Habitual injury, repeated crime injury, special injury) and areas subject to mitigation (one year and six months from June to two years) (special mitigation) of punishment;

2. Although the degree of injury of a victim subject to the determination of sentence is significant, consideration shall be given to the fact that the defendant agrees to pay 12 million won for the recovery of damage and that the defendant has not reached an agreement with the victim for the violation of the Road Traffic Act and that there was no record of the same crime other than those sentenced twice

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