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(영문) 춘천지방법원 원주지원 2014.04.30 2014고단168
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

At around 16:00 on January 21, 2014, the Defendant: (a) received a protest from the victim D (the age of 58) on the ground that the Defendant had a village hall, (b) carried the float of the victim by hand, and (c) unloaded the part of the victim’s float disease during the process of having a float with the victim.

As a result, the defendant carried dangerous things and carried about about two weeks of medical treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

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 made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Application of the sentencing criteria;

(a) Determination of types: Violence crimes, special injury, and Type 1;

(b) Persons who are specially sentenced to punishment: The elements of mitigation;

(c) Scope of recommendations: Reduction area, one year and six months from June to two years and six months;

3. Determination of sentence: Imprisonment with prison labor for one year and six months, two years of suspended sentence, 40 hours of community service order and 40 hours of order to attend a lecture [fluoring circumstances] an agreement [fluoring three million won of agreed amount] [fluoring circumstances] the risk of using a shoulderer disease by means of assault;

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