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(영문) 춘천지방법원 강릉지원 2013.07.04 2013고단267
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 March 21, 2006, the Defendant was sentenced to a fine of three million won in violation of the Punishment of Violences, etc. Act (at night, joint injury) in the Gangseo branch court of the Chuncheon District Court on March 21, 2006, and was punished four times for the crimes related to assault and bodily injury.

On March 29, 2013, at around 16:50, the Defendant, while drinking the victim E (year 47) and alcoholic beverages at the “D cafeteria” located in Gangnam-si C, the Defendant, who was the head of the victim, got the victim to put the resistance with the defective victim.

The defendant and the victim had been living in front of the restaurant in front of the above restaurant, and the defendant, which is a dangerous object on the road floor, had the head of the victim once set up, and had the victim's head at about two weeks of medical treatment. In addition, the defendant inflicted an injury on the victim, such as an open head of the two skins requiring approximately two weeks of medical treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Photographs;

1. A medical certificate;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (attached to summary orders);

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 ( considered as favorable reasons among the following reasons for sentencing):

1. Grounds for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following grounds for sentencing);

1. The scope of applicable sentences: Imprisonment for a period of one year and six months to fifteen years;

2. Scope of recommendations on the sentencing criteria: Scope of recommendations [Determination of types] for violent crimes, special injury (special-speed persons] - Reduction elements: Minor injury and non-specing of penalties (limited to the scope of decisions and recommendations in the field of recommendations): Imprisonment with prison labor for not less than one year and six months, or two years and six months.

3. Determination of sentence: Imprisonment with prison labor for a year and six months, two years of suspension of execution (reasons of suspension of execution) - Major prides: Insignificant injury, non-members of punishment - General prides: contingent crimes;

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