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(영문) 춘천지방법원 강릉지원 2015.06.04 2015고단318
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 23:35 on September 13, 2013, the Defendant: (a) had a good appraisal of the victim F (45 years of age) working as a light source in the Pyeongtaek E production team at Pyeongtaek E production team; (b) had a good appraisal of the victim F (45 years of age). On the same day, when drinking alcohol together with the same fees, the Defendant saw the victim's mind that the victim dices himself/herself and herself frank, and caused the victim's injury, such as the mouth of the wall, which is a dangerous object in the vicinity of the place.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes of a medical certificate;

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. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is favorable sentencing factors, such as the fact that the defendant acknowledges and reflects the crime, that the defendant agreed with the victim, and that the defendant has no record of being punished as violent crimes. The fact that the defendant was temporarily arrested after the crime, but the defendant was arrested by arrest warrant on March 2015 and became subject to investigation and trial, etc. are disadvantageous sentencing factors.

The punishment shall be determined within the scope of the sentencing guidelines [one year and six months: Imprisonment; habitual injury, repeated injury, special injury, Type 1, type 1, and the mitigation area (unlimited to punishment)] by comprehensively taking into account such various factors as the defendant's age, character and conduct, environment, motive, background, means and consequence of the crime, and circumstances after the crime, etc., and the execution thereof shall be postponed.

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