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(영문) 춘천지방법원 영월지원 2014.08.22 2014고단149
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 became final and conclusive.

Reasons

Punishment of the crime

At around 12:30 on December 15, 2013, the Defendant, at the home of the D, who is located in Thai City C on December 12:30, 2013, called the victim E (the age of 43) and the issue of telephone rate, and called the victim's disease, which is a dangerous object cited by the victim on the ground that the weather rate is broken down, and got off the head of the victim one time and put the victim into the second scopic, which requires approximately three weeks of treatment for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing guidelines (Scope of recommending punishment) : Habitual injury, repeated crime injury, special injury, type 1 (Habitual injury, repeated crime injury, special injury) and areas subject to mitigation (one year and six months from June to two years) (special mitigation) of punishment;

2. Consideration, such as the fact that the degree of injury of a victim who has been sentenced to sentence is not severe and that the victim has agreed smoothly with the victim;

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