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(영문) 수원지방법원 2014.05.14 2014고단947
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 is a person who works in the Dispute Resolution Co., Ltd.

At around 21:21 on December 30, 2013, the Defendant: (a) 21:21, the Defendant, along with the victim G, who is a workplace member G, was punished for drinking alcohol on the ground that he was not drinking; (b) took the face of the victim by drinking from the victim; (c) took the face of the victim by drinking; and (d) took the knif (30cm length of the knife) as an object dangerous in the kitchen; and (e) took the side of the victim, such as fliffing the victim, and taking the victim’s treatment for approximately two weeks, the Defendant inflicted injury on the victim, such as flife, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police interrogation protocol to G

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 on the suspension of execution (see, e.g., Reasons for discretionary mitigation);

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. Persons subject to special mitigation [the scope of the recommended sentences for the sentencing guidelines] [the scope of the recommended sentences] violent crime group-special injury [the scope of the recommended sentences] special mitigation [one year and six months of imprisonment (a revision by the lower limit of the punishment by law), two years and six months]: Insignificant injury or non-guilty penalty;

3. Determination of sentence: (a) the Defendant agreed with the injured party in a unanimous agreement; and (b) the extent of injury is relatively minor; and (c) the sentence is determined as ordered within the scope of recommendation.

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