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(영문) 수원지방법원 2015.07.01 2015고단1905
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On April 26, 2015, around 21:20, the Defendant: (a) committed several assaults against the Defendant at the convenience store that demanded the Defendant to pay an additional amount of KRW 200,00,00,000, for a single disease, for the sale of the victim E (the age of 17).

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Application of CD-related Acts and subordinate statutes

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

1. Grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act (i.e., circumstances favorable to the following grounds for sentencing)

1. Scope of applicable sentences under law: Six months to fifteen years; and

2. The scope of the recommended sentences for the sentencing guidelines [decision of types] the group of violent crimes-special assault [the scope of the recommended sentence] the basic area (one month to one year), the basic area of imprisonment (one month to one year): None:

3. In light of the fact that, in case of CCTV images determined to be sentenced, it is obvious that the defendant committed assault against the victim due to a major soldier, the defendant does not completely repent of his wrong offense while disputing this, the defendant does not recover any damage, and the defendant has a record of having been punished several times due to violent crimes, the sentence shall be imposed on the defendant, but the degree of assault, etc. of this case shall be determined as ordered within the scope of the recommended sentence in consideration of the degree of punishment.

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