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(영문) 춘천지방법원 영월지원 2012.12.07 2012고단460
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The defendant of criminal records was sentenced to a suspended sentence of 8 months of imprisonment with prison labor for the crime of obstruction of performance of official duties in the Young Branch of the Chuncheon District Court on February 22, 2011, and the judgment became final and conclusive on March 3, 2011, and is currently under suspended sentence.

Criminal facts

At around 22:20 on October 3, 2012, the Defendant, while drunk at the main point, 'D' located in Gangwon-gun C, Gangwon-do, and was seated by the victim E (the age of 47) who was seated by the Defendant, she saw beer, who was a dangerous object on the table that the victim would not be able to tending, she saw beer, who was a dangerous object on the table table, and caused damage to the reputation of the head part that requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A photograph of the damaged part and a medical certificate;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (report attached to written judgments);

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 (see, e.g., the agreed with the victim) - Reasons for sentencing [Determination of imprisonment] / [Determination of imprisonment] / Where habitual injury, repeated crime injury, special injury (including a special person who has been sentenced] - In cases where the factors for mitigation are not subject to punishment (including serious efforts to recover damage) or considerable damage has been restored [the scope of recommendation] [the range of recommendation] / In December 16 to 2 years [the extent of recommendation] - The serious reflection [whether the main reasons for suspended sentence] - The reason for suspended sentence: The positive reason for suspended sentence (including efforts to recover damage), - The reason for suspended sentence has been sentenced for more than twice a negative imprisonment [decision of imprisonment] / The defendant has been sentenced to imprisonment with prison labor for more than one year and six years, taking into account the fact that he/she has committed the crime in this case during suspended sentence, and his/her depth has reached the agreement between the victim and the defendant.

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