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(영문) 춘천지방법원 강릉지원 2013.10.31 2013고단545
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

At around 04:00 on July 1, 2013, the Defendant: (a) brought a dispute with the victim E (the age of 47) and the test table; and (b) did not recognize the Defendant, who is the victim, as a ship, with a large amount of drinking water; (c) brought an injury on the part of the victim’s right blue part of the main blue part of the victim’s right blue, which is a dangerous object laid on the table table (the length of 26cc), and brought an injury to the victim, such as an open blue part of the arms that requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Seizure records;

1. Related photographs;

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. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that an agreement has been reached with the injured party) ;

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

2. Scope of the recommended sentences on the sentencing criteria [decision of types] group of violent crimes, special injury (specially duced persons] group - mitigated factors: Reduction areas: Imprisonment with prison labor and June 1st and 2nd months;

3. Determination of sentence: The sentencing factors agreed with the victim in one year and six months of imprisonment are favorable.

However, considering the fact that there are many kinds of records that the defendant was sentenced to punishment for the same crime, suspension of execution and fine, etc., however, considering the fact that the defendant had a knife with the arms, which are dangerous objects, undergo a knife operation, it is inevitable to sentence a sentence even if there are

It is so decided as per Disposition for the above reasons.

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