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(영문) 춘천지방법원 강릉지원 2013.09.26 2013고단371
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

At around 14:50 on March 19, 2013, the Defendant carried out drinking in the “Eda” of the Defendant’s friendship or D operation, and when the Defendant spawned with the victim F (the 60 years of age) who is an employee of the above multilateral bank, the Defendant spawned the victim’s bath by “I am spawn, spawn as soon as soon as possible,” and the Defendant spawned the victim’s head by hand with the left hand.

Then, the Defendant saw the kitchen knife (32 cm in total length and 20 cm in length) which is a dangerous object by entering the kitchen, and boomed from D who observed this Chapter, and led the Defendant to take the kitchen knife out of the damaged part of the victim's head by driving away from the damaged part of the kitchen knife.

Accordingly, the defendant carried dangerous articles with the victim about 20 days of medical treatment, and caused the victim's impairment of saves and saves that require two-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Seizure records, etc.;

1. Related photographs;

1. Application of Acts and subordinate statutes to an investigation report (Attachment of a medical certificate for injury);

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 of probation and community service order;

1. The scope of punishment by sentence: Imprisonment for one year and six months; - 15 years;

2. The basic area of the recommended sentence on the sentencing criteria [the scope of a sentence] the category of violent crime group, special injury [the scope of the recommended area on the sentencing criteria and of the recommended sentence]: two years of imprisonment; and

3. Determination of sentence: Imprisonment with prison labor for not more than three years, probation and social service injury for not more than 120 hours, the defendant's deposit of 1.5 million won to the victim, and the defendant's suspended sentence once for the same kind of crime;

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