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(영문) 수원지방법원 2014.10.08 2014고단3821
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On June 29, 2014, at around 23:10, the Defendant, at the front of the D convenience point in Suwon-si, had the victim E (n, 65 years of age) drink with alcohol to the packaging end customers in the business package, and caused annoying defect to the victim on the ground that the victim called “lowly”, and caused the victim’s head one time at a protruding stick (70cm in total length) with the head of the victim’s head, which was a dangerous object used in his hand on the part of the victim, and caused an injury, such as tearing the head part of the head, the number of days of treatment of which cannot be ascertained.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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. Grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing)

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

2. Scope of the recommended sentences for the sentencing guidelines [decision of types] group of violent crimes-special injury [the scope of the recommended sentence] basic area (two to four years of imprisonment] (the scope of the recommended sentence]: None of the special persons:

3. 선고형의 결정 피고인이 잘못을 뉘우치고 있고, 건강이 좋지 않아 보이나, 피고인이 아무런 이유 없이 피해자에게 폭력을 가함으로써 피해자는 머리에 5바늘을 꿰매는 상해를 입었다.

Nevertheless, no damage has yet been recovered.

In addition, the defendant has been sentenced several times of punishment.

In consideration of these circumstances, the punishment as ordered shall be determined within the scope of recommendations.

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