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(영문) 춘천지방법원 강릉지원 2013.10.24 2013고단527
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 03:00 on August 3, 2013, the Defendant took a bath on the ground that the victim D (the age of 30) who is an acting driver at the parking lot of the building C in the East Sea was late, and took golf kneeelel kelel kelel kelel kele knee knee knee knee knee knee knee knee knee knee knee knee knee kne kne kne kne kne of the victim’s left left

As a result, the defendant carried dangerous objects and carried about about 14 days of treatment to the victim, the chest electric wall was sponsed.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

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 reason for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment for one year and six months; - 15 years;

2. Scope of the recommended sentences on the sentencing criteria [decision of types] group of violent crimes, special injury (specially duced persons] group - mitigated factors: Minor injury (the scope of the area of recommendation and the range of the recommended sentences on the sentencing criteria] mitigated range: Imprisonment with prison labor for up to one year and six months - two years and six months;

3. Determination of sentence: The above sentence shall be determined by taking into consideration the following factors: a prison term of one year and six months; a victim’s injury is minor; a victim’s contact with the victim is cut off and failed to reach an agreement; a person who has no record of force in the same kind; and a person who has no criminal record of the suspension of execution or more;

It is so decided as per Disposition for the above reasons.

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