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(영문) 춘천지방법원 강릉지원 2013.10.15 2013고단141
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, 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 20:40 on November 30, 2012, the Defendant found the “Ecafeteria” operated by the victim D (the age of 57) in Gangseo-si C, and caused an injury to the number of days of treatment, such as the victim’s face, arms, and body flab, flabing the victim’s flab, and flabing the victim’s flab by hand, flabing the victim’s flab, flabing the victim’s flab, flabing the victim’s face, flabing the victim’s face, and flabing the flab, which is a dangerous thing at the victim’s head.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to field photographs and photographs of the upper part of the body;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of probation and community service order;

1. The scope of punishment by law: Imprisonment for one year and six months; imprisonment for fifteen years;

2. The scope of the recommended sentence on the sentencing guidelines [decision of type] group of violent crime, special injury (special person) - mitigated factors: Minor injury, and non-dissiping amount of punishment (the scope of the recommended sentencing guidelines and the scope of the recommended sentence): 9 months of imprisonment, 2 years and 6 months [the scope of the recommended sentence and the statutory sentencing range] - Where the scope of the sentence recommended by the sentencing guidelines are inconsistent with the legally applicable sentencing range, the minimum of the statutory applicable sentencing range shall be followed. Accordingly, the scope of the recommended sentence shall be one year and 6 months of imprisonment - two years and 6 months of imprisonment.

3. Determination of sentence: Imprisonment with prison labor and two years of probation, probation, and social service for 80 hours on June 1, 201, which were sentenced to a suspended sentence of ten months on June 9, 201 due to a violation of the Game Industry Promotion Act in the Gangnam Branch of the Chuncheon District Court Act and sentenced to a suspended sentence of two years on June 9, 201, and the said judgment becomes final and conclusive on June 9, 201.

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