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(영문) 춘천지방법원 강릉지원 2013.10.24 2013고단537
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 23:50 on June 14, 2013, the Defendant, in the coastal gravel field located in C, at the entrance of C, 41 years of age) and at the coast near the private house operated by the Defendant, brought a dispute to the victim, and the Defendant was able to remove the content, 4 stones (three cm in diameter, five cm in diameter, 3 5cm in diameter, 20cm in diameter, 9cm in diameter, one 7cm in diameter, and one 7cm in diameter (10.5cm in diameter, 10.5cm in diameter, 5cm in diameter) of the vehicle.

As a result, the defendant carried dangerous things with the victim and put the victim on the left-hand side of the need for medical treatment for about 10 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Other relevant photographs;

1. A written diagnosis of injury;

1. A report on investigation (the counter investigation of witnesses claimed by the victim);

1. Investigation report (to hear oral statements from the counter party of a witness);

1. Application of Acts and subordinate statutes to investigation reports (to hear oral statements from the counter party of reference G);

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 for one year and six months; - 15 years;

2. Scope of the recommended sentence on the sentencing criteria [decision of type] group of violent crimes, special injury (special-facing persons] group - mitigated factors: Minor injury (the scope of the recommended range of sentencing criteria and the range of the recommended sentences): Imprisonment with prison labor for a year and June 1, and two years and six months;

3. Determination of sentence: The above sentence shall be determined in consideration of the minor injury of the victim for a year and six months of the suspension of execution of imprisonment, contingency crimes, and absence of any criminal record of the suspension of execution of execution of imprisonment.

It is so decided as per Disposition for the above reasons.

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