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(영문) 춘천지방법원 2014.05.01 2014고단205
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 of the final judgment.

Reasons

Punishment of the crime

On February 8, 2014, at around 20:45, the Defendant: (a) within the D office located in Hongcheon-gun, Hongcheon-gun, Gangwon-do, the Defendant raised complaints against the victim E (the age of 51) without treating him/her as a ship, and (b) was collected from the victim and the trial expenses, which is a dangerous object in the warehouse located at the same time, and caused the victim to get off the math part of the victim, and caused the victim to undergo approximately two weeks of treatment.

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 3 (1) 2 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, 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. Reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order [Determination of types] for habitual injury, repeated injury, and special injury [Special Convicted Person] - Reduction element: In the mitigated area of punishment [the scope of recommendation] [the scope of punishment] 1 year and six months to two years [the scope of general prison punishment] - Reduction element: serious half of punishment [the scope of applicable provisions of applicable Acts]: Three or more years [whether or not the punishment is suspended] - Major reasons for major writing - Carrying with deadly weapons or other dangerous things - There are no criminal records above the suspension of execution [the decision of sentence], and the defendant has agreed to do so from Seoul East Eastern District Court of Justice on January 14, 1994 to a fine of not less than 50,000 won, and the defendant has not been sentenced to a fine of not less than 500,000 won and a fine of not less than 500,000 won, and the defendant has been sentenced to a fine of not less than 50,00,00,0000 won.

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