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(영문) 춘천지방법원 원주지원 2014.11.05 2014고단859
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

On July 16, 2014, the Defendant: (a) around 06:20, the Hanju-si Da Apartment-si called D’s alcohol to be administered in the front of a nearby park; (b) but, on the ground that the victim E(57 years of age) was wooden, the victim’s head, chest, and arms were at least 1m (1m in length) with a chain pipe (1m in length) which is a dangerous object from the place, the victim’s head, chest, and arms were at the time of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to field photographs, E's chests and arms and body features photographic photographs;

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

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Application of the sentencing criteria;

(a) Determination of types: Violence crimes, special injury, and Type 1;

(b) Special penal persons: Reduction elements, aggravation factors, and serious bodily harm;

(c) Scope of recommendations: Basic area, 2 years to 4 years;

3. Determination of sentence: Imprisonment with prison labor for two years, suspended execution for three years, order to attend a lecture for 40 hours (limited to reasonable circumstances), imprisonment for not providing a punishment, serious injury to a person who does not have any other criminal record (unfavorable circumstances), or danger of committing a crime;

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