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(영문) 춘천지방법원 2015.04.30 2015고단212
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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

Defendant on March 10, 2015 01:25 on March 10, 2015 D summary in Chuncheon City C.

At the main point 808 room, the victim E (the age of 42) said, “I am hump hump f,” the victim hump humb “I am hump hump,” and hump hump, which is a dangerous object on the table, hump on the table, hump of the victim hump, and hump hump humb the victim hump humba, which was a dangerous object on the table, was hump of the victim’s left eye, and the victim injured the victim at an open body of the head part, which requires approximately two weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Application of Acts and subordinate statutes of the injury diagnosis 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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):

1. The reason for sentencing under Article 62 (1) of the Criminal Act (the following grounds for sentencing) of the suspended sentence;

1. The scope of recommendations according to the sentencing criteria [type of crime] shall be limited to the range of punishment [special mitigation factors] of habitual injury, repeated injury, special injury (special mitigation factors], and the penalty not to be imposed (the scope of sentence of recommendation]. Imprisonment with prison labor for one year and six months through six months;

2. The crime of this case, which was sentenced to sentence, was committed by the Defendant with a deadly weapon, resulting in an injury to the victim by getting off the victim. While there were unfavorable circumstances, such as the nature of the crime and the record of punishment for violent crimes, the Defendant has already been punished. However, the Defendant made a confession of the crime of this case in this case and reflects his mistake in depth, agreed with the victim. The crime of this case seems to have been committed contingently, the previous crime of this case was committed before and after 1996, and there was no special record of criminal punishment until then. At the time, the Defendant also assaults from the victim.

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