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(영문) 춘천지방법원 강릉지원 2014.06.27 2014고단363
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

The defendant and the victim C (38 years of age, women) are persons who lived together with others from April 2013 to February 2014.

At around 08:10 on February 1, 2014, the Defendant: (a) while drinking alcohol, such as the victim and F (a person living together before the victim living together with the Defendant) in E restaurant located D, the Defendant: (b) caused damage to the victim’s head by a small-scale illness, which is a dangerous object that had been put on the table of the table, that the victim saw F; (c) “the victim sees F, am together with the victim; and (d) am out of this world,” and said, “the victim am out of this world.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C 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. 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 consideration shall be repeated in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of probation and community service order;

1. Scope of sentences to be mitigated: Imprisonment with prison labor for one year and six months - 15 years;

2. Scope of the sentencing guidelines [decision of types] of the recommended sentences for the sentencing guidelines, violence crime group, special injury (special mitigation [decision of the recommended area], minor injury or non-prosecution of punishment [decision of the recommended area]: one year and six months: [Special Adjustment of the scope of punishment] September 2 and two years and six months [where the scope of sentence recommended by the sentencing guidelines in September 2 and June (where two or more special mitigations exist] are inconsistent with the scope of the sentencing by statutory increase and mitigation, the upper limit or lower limit of the applicable sentences under law shall apply.

3. Determination of sentence: Imprisonment with prison labor for a year and six months, a stay of execution for two years, a probation and a community service order for 120 hours, despite the fact that the defendant had been punished for the same kind of crime, the person who committed the crime in this case and the defendant made his mistake.

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