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(영문) 춘천지방법원 강릉지원 2014.05.09 2014고단161
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 becomes final and conclusive.

Reasons

Punishment of the crime

Around 19:30 on January 11, 2014, the Defendant received a claim from the victim F (F) of the customer’s “Isk-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-

As a result, the defendant carried dangerous articles and put the victim's faces of treatment days and the victim's face side of head.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the photographic Acts and subordinate statutes;

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. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as "the reason for sentencing") of the suspended sentence;

1. The scope of punishment by sentence: Imprisonment for one year and six months - 15 years;

2. Scope of the sentencing guidelines [decision of type] of the recommended sentence for the sentencing guidelines, violence crime group, special injury (special mitigations] minor injury, non-compliance with the sentence [the scope of the recommended sentence] - mitigated area: Imprisonment with prison labor in 1 year and six months - two years and six months - where only two special mitigations exist in a case falling under the mitigation area as a result of evaluation of special mitigations, the lowest limit of the sentencing range recommended in the sentencing guidelines shall be reduced to 1/2.

Where the scope of sentence recommended by the sentencing criteria is inconsistent with the applicable sentencing range by statutory aggravated or mitigation, it shall be in accordance with the upper or lower limit of the applicable sentencing range by law.

3. Determination of sentence: A sentence of imprisonment with prison labor for a year and six months, the probation of three years, the defendant recognized his mistake and reflects his mistake, the degree of injury to the victim is not much severe, and the agreement with the victim shall be taken into account;

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