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(영문) 춘천지방법원 2014.06.26 2013고단797
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 three years from the date of the final judgment.

Reasons

Punishment of the crime

On June 6, 2013, at around 17:05, the Defendant collected a neck test (one meter in length) which is a dangerous object from the victim D (the 41-year-old) who had an unreasonable appraisal before the “E store,” which he works as an employee, and caused injury to the victim, such as cerebrum, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (the relative investigation, etc. of the shootings);

1. Dispatch report, damage photographs, and investigation report (CCTV image confirmation report);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (D);

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes and Article 257 (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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] The sentence shall be determined as per Disposition on the grounds that it is above the following grounds: (a) the mitigation area (one year and six months to two years) of the mitigation area (including a person who has been specially mitigated), the punishment not to be imposed (including a serious effort to recover damage), or where considerable damage has been recovered, the scope of the sentence compared to the punishment and the recommended punishment: (b) the Defendant agreed with the victim on the sentence in 1 year and six months to two years (two years and six months); and (c) the Defendant is suffering from the Complex Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mag

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