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(영문) 수원지방법원 2015.03.25 2014고단6863
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 19:00 on November 26, 2014, the Defendant, at the temporary accommodation located in Suwon-si C, was injured by the victim D(39 years of age), who was parked at the work site of the victim D(39 years of age) who was in his/her possession, in a way that the gate gate, which is a dangerous object at the between the vehicle of the Defendant and the vehicle of the victim, taken away the gate gate gate, which is a dangerous object at the between the vehicle of the Defendant, and the victim was flicked for about four weeks on his/her chest.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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 sentence on the sentencing criteria [decision of types] the category of punishment for violent crime group-special injury [the scope of the recommended sentence] the basic area (one year and six months to two months), the basic area of punishment (the scope of the recommended sentence]: A person not subject to punishment;

3. Determination of sentence is made within the scope of recommendation, taking into account the fact that the defendant was smoothly agreed with the victim and has no record of being punished for the same kind of crime, etc.

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