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(영문) 수원지방법원 2014.05.21 2013고단5841
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

The defendant and the victim C (the age of 31) were living together with the D Building 1312 in Suwon-si from March 2013.

On October 3, 2013, the Defendant: (a) around 02:40 on October 3, 2013, and (b) on the ground that the victim went home at the house of the preceding day and later, and (c) on the ground that the victim went home at the house of the preceding day, the Defendant sent the victim’s arms, which is a dangerous thing with the victim’s face and body part through drinking and drinking, and the Defendant took part in the arms of the victim.

As a result, the Defendant inflicted bodily injury on the victim, such as tearing the damaged part of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement C to the Act

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 (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. Grounds for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. Persons subject to special mitigation [the scope of the recommended sentences for the sentencing guidelines] [the scope of the recommended sentences] violent crime group-special injury [the scope of the recommended sentences] special mitigation [one year and six months of imprisonment (a revision by the lower limit of the punishment by law), two years and six months]: Insignificant injury or non-guilty penalty;

3. Determination of sentence: (a) the Defendant agreed with the injured party in a unanimous agreement; and (b) the extent of injury is relatively minor; and (c) the sentence is determined as ordered within the scope of recommendation.

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