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(영문) 의정부지방법원 2013.05.10 2013고단665
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

Around 01:00 on January 17, 2013, the Defendant heard the victim’s desire to talk with the victim, who was in the form of talking with the victim D (the victim 20 years of age) and drinking in the singing room, and divided the conversations with the victim. At the same time, the Defendant prices the victim’s hair by making it difficult for the victim to talk with the victim.

이로써 피고인은 피해자에게 머리 부위를 6바늘 꿰매는 치료일수를 알 수 없는 상해를 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Application of the photographic Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act;

1. The defendant's judgment on the defendant's claim of mental and physical disability under Article 62-2 of the Social Service Order Criminal Act is deemed to have been in a state of drinking at the time of the crime in this case, but in light of the situation, process, means and method of the crime in this case, the defendant's behavior before and after the crime in this case does not seem to have a weak state of ability to discern things or make decisions under the influence of alcohol at the time of the crime in this

The scope of sentencing grounds: The final sentencing range recommended by the sentencing guidelines from January to June 15: Imprisonment with prison labor for a period of one year and six months to two years; [the type of crime] from January to June; special injury criteria for habitual, repeated, and special injury criteria among the violent crime groups; there is no aggravated element: Reduction (including a serious effort for recovery of damage): Reduction (the scope of recommending punishment): Reduction (including a serious effort for recovery of damage): Reduction (the range of recommending punishment) [the general aggravated factor under the sentencing guidelines from June to June) mitigated area (the range of imprisonment with prison labor from June to June): Whether there is no aggravated aggravated factor: The recommendation of suspension of execution based on the serious reflect sentencing guidelines [the main reasons for recommendation] positive reasons: the negative reasons for the suspension of execution:

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