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(영문) 수원지방법원 2015.01.23 2014고단6422
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for 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

On July 20, 2014, around 20:50, the Defendant used the victim C (the 62-year-old) and the parking problem. On July 201, 2014, the Defendant used a dangerous knife with knife and knife with knife, and used the victim’s knife and knife with knife with his head.

As a result, the defendant, carrying dangerous things, assaults the victim, and inflicted an injury on the victim, such as the crypitis that requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police interrogation protocol to C

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (1) 1 of the same Act, Article 260 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the punishment of crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months from six months to one6 years;

2. Scope of the recommended sentencing criteria; and

(a) Basic crime: Violation of the Punishment of Violences, etc. Act (determination of types of violence), violent crime group, special assault [the scope of the recommendation area and the scope of the recommendation form] mitigated area (six months of imprisonment (revision by the lower limit of the punishment by law) or one year and two months): A person not subject to punishment;

(b) Concurrent Crimes: Extent of injury (determination of types), group of violent crimes, scope of general injury [referring to the determination of the recommended sphere and the scope of recommended sentences] mitigated area (one month to one year), special mitigation factors: Members not subject to punishment;

(c) Extent of recommendation according to the standards for handling multiple crimes: The minimum limit of six months to one year and eight months shall be six months, which is the lowest limit of the basic crime, and the maximum limit shall be one year and two months, one year and two months, which shall be 1/2 of the maximum limit of punishment of concurrent crimes.

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