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(영문) 춘천지방법원 강릉지원 2013.04.03 2012고단914
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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 this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On August 9, 2012, the Defendant violated the Punishment of Violences, etc. Act (the destruction and damage, etc. of a deadly weapon, etc.) was accompanied by the “E” operated by the victim D (the age of 53) in Gangnam-si, Gangnam-si, which was operated by the victim D (the age of 53) with the victim, for the reason that the victim was faced with telephone while drinking at the same place as the victim, and the victim did not immediately enter the room, which is a dangerous object in the studio, and caused the electric lights to collapse.

Accordingly, the defendant carried dangerous objects and destroyed another's property.

2. The Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) committed an unexplosion in the number of days of treatment days, such as getting the victim under the influence of his/her upper alcohol in line with the part of the victim's entrance, by taking the cryp, electric light, etc., which is an object dangerous to the victim for the same reason at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act (the occupation of inflicting bodily injury on a dangerous object); Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 366 of the Criminal Act (the occupation of causing bodily injury on a dangerous object);

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes resulting from a violation of the Punishment of Violences, etc. which is heavier than the punishment provided for in the same Act);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as "aggravated consideration"), which is favorable to the reasons for suspended sentence;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to twenty-two years; and

2. The scope of the recommended sentence according to the sentencing guidelines: Imprisonment with prison labor for nine months or two years or more (special mitigation factors) and minor injuries and non-influences (the scope of the recommended sentence), imprisonment for nine months or two years.

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