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(영문) 춘천지방법원 영월지원 2013.07.23 2013고단249
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

At around 16:15 on August 13, 2009, the Defendant suffered injuries, such as the victim E (the age of 36), a female living together F, etc., who had been engaged in drilling work together at the house located in Gangwon-gun C, Gangwon-do, and the victim was frighted with the said F on the ground that the victim was frighted with the said F, and was frightd twice by her hand on two occasions, the victim's bombed with her hand on two occasions, and the fright for the fright work, which is a dangerous object that had been frighted by the fright, (the total length of 39cc, the knife length of 26cc).

Summary of Evidence

1. Statement by the defendant in court;

1. Second police suspect interrogation protocol regarding E;

1. The second police statement concerning G;

1. A medical certificate;

1. Seizure records;

1. A photograph of the tools of crime;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 257 (1) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Determination of types of recommendations on the sentencing criteria: Criminal records of suspension of execution of imprisonment for at least two years or four years or more of general reference areas (whether suspended sentence is suspended or not), which are the basic areas [decision of the recommended area] of habitual injury, repeated injury, special injury (decision of the recommended area], habitual injury, repeated crime injury or special injury (decision of the recommended area]: Criminal records of a suspended sentence of imprisonment for at least two times;

2. Until the decision of sentence has been rendered, the sentence of sentence is inevitable in that the defendant agreed with the victim or did not receive a letter from the victim, the defendant has a penal penalty and a previous penal penalty, and the defendant has escaped after being investigated by the police as a principal case.

However, the crime of this case is deemed to have been contingent, and the punishment shall be determined as ordered by the defendant in consideration of the circumstances after the crime of this case, the relationship between the defendant and the victim, etc.

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