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(영문) 춘천지방법원 강릉지원 2014.09.03 2014고단584
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

1. On March 26, 2014, the Defendant: (a) 22:00 on March 26, 2014, the victim E (age 45) was assaulted with the face of the victim E (age 45) on the floor of hand at the Gangseo-si C market D restaurant; (b) the beer disease, which was a dangerous object in the table, was laid down one time by gathering the head part of the victim’s head part, and caused a bid on the part of the number of days of treatment.

2. The Defendant, at the date, time, and place mentioned in paragraph 1, was the victim F (n, 65 years of age) who was the mother of E (n, f5 years of age), followed his arms by fighting and embling them into his arms, and put them into a beer disease, which is a dangerous object used in his hand, and put the victim into a beer’s beer and was in the old order of treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes of a photographs of damaged parts;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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 repeated for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend lectures;

1. Scope of punishment mitigated for a limited amount: Imprisonment with prison labor for one year and six months - June 22 years and six months;

2. Scope of the sentencing guidelines [decision of types] of recommendations for sentencing, violence crime group, special injury (special mitigation] minor injury, and non-compliance with punishment (the scope of the decision of the recommending area and the sentencing of recommendations): 1 year and six months - February 1 year and six years, where only two special mitigations exist in a case falling under the mitigation area as a result of the evaluation of special sentencing persons in February 2, 200, the lower limit of the sentencing range recommended in the sentencing guidelines shall be reduced by up to 1/2.

If the scope of sentence recommended by the sentencing guidelines is inconsistent with the applicable sentencing range by statutory aggravated or mitigation, it shall be governed by law.

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