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(영문) 수원지방법원 2014.08.20 2014고단3599
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 12, 2014, at around 22:40, the Defendant used the victim E (year 31) and vision in front of the D convenience point located in Ssung C, and used the victim as an assault against the victim, which is a dangerous object in the above convenience point calculation unit, and assaulted the victim, such as 15 cm in length and 26 cm in total length.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police interrogation protocol to E;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (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: Six months to fifteen years; and

2. Scope of the recommended sentence according to the sentencing guidelines [decision of types] the group of violent crimes-special assault [the scope of the recommended sentence] mitigated area (six months of imprisonment (revision by the lower limit of the punishment by law), one year and two months]: A person not subject to punishment;

3. When the Defendant was sentenced to sentence prior to the victim, the Defendant committed the instant crime, and the Defendant agreed with the victim smoothly, and the Defendant did not have any particular violence, the sentence as ordered shall be determined within the scope of the recommended sentence, taking into account the following factors: (a) the Defendant committed the instant crime.

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