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(영문) 춘천지방법원 2014.08.14 2014고단594
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for four years from the date of the final judgment.

Reasons

Punishment of the crime

At around 18:00 on May 19, 2014, the Defendant set up against the victim E (the age 44) who set up a warning dispute with the victim on the ground that he completed his work first before a restaurant at D Construction Site D, which is located in Gangwon-gun C, and provided meals, with each item, which is a dangerous object in the vicinity of the victim, stating that “I will sing the victim into his place of business, I will see it.” The Defendant laid down the victim’s head once and put the victim into an open top room in other head parts that require treatment for about 13 days.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E, F, G, H, and I;

1. Two copies of a report on investigation (to be accompanied by a photograph of the victim), photograph;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (E);

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. The reasons for sentencing under Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] The sentence that has no basic area (two to four years) (two or more years of habitual injury, repeated injury, special injury) and the basic area (two or more years of repeated injury, repeated crime, special injury) and the range of comparison of recommended sentences: Two to four years [Pronouncement Decision] as a violation of the Military Service Act in 1981, Defendant was punished by a fine of 20,00 won as a violation of the Military Service Act in 1981, Defendant was punished by a fine of 20,000 won as a crime of gambling in 200,000 won as a fine of 20,000 won as a result of the crime of gambling in 201, and Defendant was convicted of his mistake

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