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(영문) 춘천지방법원 영월지원 2013.12.13 2013고단466
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 30, 2012, at around 21:40 on December 30, 2012, the Defendant attended the second round of an entertainment tavern “D” entertainment tavern C, “D,” which was located in Gangwon-gu, for a second round of a meeting, and was engaged in an injury, such as an open wound, which requires approximately two weeks of treatment to the victim E (the age of 56) who was going to singing.

Summary of Evidence

1. Statement by the defendant in court;

1. A suspect interrogation protocol of the accused by the prosecution (including E statements);

1. Each police statement of the E, F, G, and H;

1. Each injury diagnosis letter;

1. Application of statutes on site 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. Grounds for sentencing under Article 62-2 of the Criminal Act, and Article 59 of the Act on Probation, etc.;

1. The sentencing guidelines shall be the range of the recommended sentences [Determination of types] of violence; habitual injury, repeated injury, special injury, special injury (determination of the recommended area] the basic area of habitual injury, repeated crime injury, special injury (determination of the recommended area] [the scope of the recommended area] - two years to 4 years [whether suspended sentence is suspended] - there is no effort to recover damage due to general participation - The grounds for general participation are clear social relation, contingent crime, serious reflects; and

2. The Defendant, who has not made any effort to recover from damage until now, is not subject to the punishment of the Defendant. However, considering the fact that the instant crime appears to have been contingent, the Defendant has no criminal record, and the relationship between the Defendant and the victim, the sentence shall be determined as ordered by the Defendant.

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