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(영문) 춘천지방법원 강릉지원 2014.06.13 2014고단289
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

except that 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

At around 20:10 on January 19, 2014, the Defendant made a telephone call with scopon in the staff accommodation located in Gangnam-si C, with the victim D (year 41) while drinking alcohol. The Defendant made a telephone call with the victim’s scopon on the ground that the victim said that the victim “acoponing to do so” was called as “acoponing to do so,” and the victim scopon the head part of the victim scopon, which is a dangerous object, made a single call on the part of the victim’s head, and put the victim two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A medical certificate;

1. Application of statutes on photographs of damage;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following grounds for sentencing)

1. Scope of sentences to be mitigated: Imprisonment with prison labor for one year and six months - 15 years;

2. Scope of the sentencing guidelines [decision of types] of recommendations for sentencing, violence crime group, special injury (special mitigation] minor injury, and non-compliance with punishment (the scope of the decision of the recommending area and the sentencing of recommendations): 1 year and six months - February 1 year and six years, where only two special mitigations exist in a case falling under the mitigation area as a result of the evaluation of special sentencing persons in February 2, 200, the lower limit of the sentencing range recommended in the sentencing guidelines shall be reduced by up to 1/2.

Where the scope of sentence recommended by the sentencing criteria is inconsistent with the applicable sentencing range by statutory aggravated or mitigation, it shall be in accordance with the upper or lower limit of the applicable sentencing range by law.

3. Determination of sentence: The above-mentioned sentence shall be determined in consideration of the overall circumstances, such as one year and six months of imprisonment, the suspension of execution of two years, the defendant recognized his mistake and repented, agreed with the victim, the degree of damage to the victim is not much severe, and the same crime does not have any other criminal records.

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