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(영문) 춘천지방법원 원주지원 2015.09.23 2015고단661
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 July 19, 2015, the Defendant: (a) around 08:15, on the front side of D in Won-si; (b) around 08:15, from the victim G (the age of 39) who saw the Si expenses to E and F, the employees of the Defendant and the Defendant’s company members, “a person who left away” her horses, she listens to the horses, and she took a form of light, which is a dangerous object in the vicinity, and she took a part of the left part after the victim’s back.

As a result, the Defendant carried dangerous things and inflicted bodily injury upon the victim with the tear of the two parts that could not be known.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of suspect examination of G police officers;

1. Each police statement to F and E;

1. Application of Acts and subordinate statutes, such as photographs of injuries;

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 on orders to provide community service and attend lectures;

1. The scope of punishment by law: Imprisonment for not less than one year and six months but not more than fifteen years;

2. Application of the sentencing criteria;

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

(b) Special convicts: Reduction elements - No punishment sources;

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

3. Determination of sentence: Imprisonment with prison labor for one year and six months, and two years of a stay of execution (the reflection of the sex, the victim's side of inducing the crime, the victim's smooth agreement with the defendant, and the fact that the defendant has no criminal record of a stay of execution or more, etc.);

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