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(영문) 춘천지방법원 강릉지원 2014.09.17 2013고단538
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

At around 00:30 on July 16, 2013, the Defendant, while drinking alcohol together with the victim F (the age of 48) 4 in Gangnam-si D, had the desire to do so, had the victim boomed once, boomed the victim's right eye due to drinking, boomed the beer's disease, which is a dangerous object on the customer's back, boomed the victim's head part, boomed the victim's head part on one occasion with the beer's head part, boomed the victim's head part over the floor, and boomed the part on the part of the victim's left side part on one occasion by walking about about 2 weeks from the victim's side.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

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 repeated in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of probation and community service order;

1. Scope of sentences to be mitigated: Imprisonment with prison labor for one year and six months - 15 years;

2. Scope of the sentencing guidelines [decision of types] of the recommended sentences for the sentencing guidelines, violence crime group, special injury (special mitigation [decision of the recommended area], minor injury or non-prosecution of punishment [decision of the recommended area]: one year and six months: [Special Adjustment of the scope of punishment] September 2 and two years and six months [where the scope of sentence recommended by the sentencing guidelines in September 2 and June (where two or more special mitigations exist] are inconsistent with the scope of the sentencing by statutory increase and mitigation, the upper limit or lower limit of the applicable sentences under law shall apply.

3. Determination of sentence: (a) the Defendant recognized his mistake and divided; (b) agreed with the victim; (c) the degree of damage to the victim was not serious; and (d) the Defendant’s age, character and conduct; (b) family relationship; (c) the circumstances surrounding the instant crime; and (d) the following developments.

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