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(영문) 수원지방법원 2014.10.29 2014고단5054
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

At around 08:30 on August 19, 2014, the Defendant: (a) brought the victim E (year 5) who driven a vehicle in the territory of the Young-gu, Suwon-si, Suwon-si, and the victim E (year 55) who was in the operation of the vehicle during the operation of the Ortoba, and the dangerous object that was kept by the Ortoba, was the starting part of the part below the part of the arms in need of approximately two weeks medical treatment to the victim once.

Summary of Evidence

1. Defendant's legal statement;

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. 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 extenuating circumstances among the reasons for sentencing);

1. Social service order under Article 62-2 of the Criminal Act;

1. Grounds for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. Scope of the recommended sentences for the sentencing guidelines [decision of types] group of violent crimes-special injury [the scope of the recommended sentence] basic area (two to four years of imprisonment] (the scope of the recommended sentence]: None of the special persons:

3. The decision of sentence is divided by a defendant who has not been punished for violent crimes, the fact that some of the defendants deposited money for the victim and the circumstances of the occurrence of this case, etc. are beyond the scope of the recommended sentence, and the sentence is determined as the same as the order.

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