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(영문) 춘천지방법원 영월지원 2014.08.29 2014고단251
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 02:30 on May 6, 2014, the Defendant added the victim E (40 years of age) who was a victim of the victim E (40 years of age) who was a side table of the Defendant’s building to the first floor D restaurant of the Seocho-gu Seoul Special Metropolitan City, Seocheon-si, on the ground that tobacco would be slick with the operation thereof, and the Defendant added the victim’s face, thale, shoulder, shoulder, and side flick to the snicked victim, which is a dangerous object for smoking (20cm in length).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to injury diagnosis certificates and photographs;

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 injury, special injury, Type 1 (Habitual Injury, Bodi Bodily Injury), special mitigation area (referring to nine months to two years from imprisonment), minor injury in the area of special mitigation (referring to special mitigation), and efforts to recover from damage;

2. Consideration, such as the fact that the degree of injury of a victim who has been sentenced to a sentence is not severe, and deposit five million won for recovery from damage, etc.;

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