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(영문) 춘천지방법원 강릉지원 2013.12.19 2013고단750
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 18:50 on October 12, 2013, the Defendant, at the house of the victim D (the age of 51) who was in the East Sea C Apartment 1506, drinked with the victim, and went to the old day, sent the victim’s interference appraisal. B) When the face of the victim was taken back as drinking, the Defendant spawned back the back head, the dangerous object, and the back head of the victim’s back, with the back head, where the number of days of treatment can not be known to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. On-site and photographs of damaged parts;

1. Application of statutes to copies of emergency medical treatment;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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

1. Scope of discretionary punishment: Imprisonment with prison labor for one year and six months - 15 years;

2. Scope of the recommended sentence on the sentencing guidelines [decision of type] group of violent crime, special injury (special person in special form): source of punishment, minor injury (the scope of the recommended sentence and the range of the recommended sentence): Imprisonment with prison labor for September - 2, and for June 6: in a case where the range of sentence recommended in the sentencing guidelines is inconsistent with the legally applicable sentencing range, the minimum of the applicable sentencing range shall be in accordance with the law, and in conclusion, one year and six months of imprisonment and two years and six months of imprisonment shall be the scope of the recommended sentence.

3. Although the sentence has been sentenced three times to the defendant, the above sentence shall be imposed in consideration of the following: (a) the victim agreed with the victim only by himself/herself, and the victim complained of the defendant's wife as his/her friendship; (b) the defendant committed a contingent crime under the influence of alcohol; (c) the defendant is employed in a taxi company on October 2, 2013 and works as a taxi driver; and (d) the disabled person of Grade IV with hearing disability.

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