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(영문) 수원지방법원 2014.08.13 2014고단3551
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

The Defendant, at around 17:40 on June 29, 2014, carried out a “D” restaurant located in Suwon-si C, and one set of “Stop” with the victim E (56 years old) and one set of “the victim does not distort 2,000 won in the board,” and carried out physical fighting.

In other words, the victim's upper part of the victim's left part of the arms, left part of the buckbucks, left part of the bucks, and the victim's upper part of the fucks, where the victim's upper part of the fucks, where the victim's upper part of the fucks cannot know the number of treatment days.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. Scope of the recommended sentences for the sentencing guidelines [decision of types] group of violent crimes-special injury [the scope of the recommended sentence] basic area (two to four years of imprisonment] (the scope of the recommended sentence]: None of the special persons:

3. The sentence shall be determined within the scope of the recommended sentence, taking into account the following factors: (a) the Defendant was under the influence of alcohol, and the Defendant committed the instant crime, but not yet recovered from damage; and (b) the Defendant had several records of punishment for violent crimes; and (c) the sentence shall be determined as ordered within the scope of the recommended sentence.

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