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(영문) 춘천지방법원 원주지원 2014.04.30 2014고단172
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and 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 February 15, 2014, the Defendant: (a) around 23:20 on 23:20 on 23:20, the D Party W located in Gangnam-gun D Party D, without any justifiable reason to the victim E (the 63 years of age); (b) the victim’s head was 1 time from the victim’s head; and (c) the victim’s face was frighted by drinking four times; and (d) the victim’s face was injured, such as thalphy, for which approximately two weeks of treatment is required.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes of a medical certificate;

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

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) Persons who are specially sentenced to punishment: The elements of mitigation;

(c) Scope of recommendations: Reduction area, one year and six months from June to two years and six months;

3. Determination of sentence: Imprisonment with prison labor for one year and six months, suspension of execution, two years, 40 hours of community service order and 40 hours of order to attend a lecture [limited to limited circumstances] an agreement (limited to one million won in a mutual agreement] [limited circumstances], and the risk of using a sentry as a means of assault;

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