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(영문) 춘천지방법원 2013.11.14 2013고단895
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 26, 2013, the Defendant was sentenced to a suspended sentence of 8 months by imprisonment with prison labor for an injury at the Chuncheon District Court, and the judgment was finalized on October 5 of the same year.

On August 18, 2013, at around 19:35, the Defendant, at the “D” restaurant operated by the victim C(53 years of age) in Chuncheon City B, brought a knife, which is a dangerous object from the victim, to the knife, and caused a knife fraud, which is a dangerous object from the knife, to the victim, two times the knife of the left side of the victim, thereby requiring approximately two weeks of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. A medical certificate;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports, and application of Acts and subordinate statutes of one copy of judgment;

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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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 Probation (decision of types of punishment), violent crimes, general bodily injury, Type 1 (Specially Convicted Persons): Crimes by carrying a weapon, deadly weapon, or other dangerous articles (decision of the recommended area), the basic area of crime (decision of the recommended area), the basic area of imprisonment with prison labor for not less than 4 months and not more than 1 years and not more than 1 years and six

1. Major reasons for participation: A person who has carried a deadly weapon or other dangerous articles with him/her, and criminal records of the same kind, a person not guilty of punishment;

2. Reasons for general participation: The defendant has been already punished for the same kind of crime on more than two occasions, for more than two occasions, for contingent crimes, and for more serious reflects (affirmative) [decision of sentence], but the defendant reflects the crime of this case, and the victim does not want the punishment for the defendant by mutual consent with the victim.

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