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(영문) 춘천지방법원 영월지원 2014.05.30 2014고단112
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 27, 2014, the Defendant: (a) around 01:45, at the night house of the victim D (the age of 40) located in the Gangseo-gun C Apartment, Gangwon-gu, Gangwon-do; (b) inflicted an injury on the victim, who had expressed the Defendant’s desire before his employees, on the hand, caused an industrial knife knife (the total length of 21cc), which is an article dangerous to the Defendant, on the part of the victim’s clothes, for about four weeks of medical treatment; and (c) inflicted an injury on the victim, such as the impairment of the character of the parts below and the parts above, for four weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, D, and G;

1. A medical certificate;

1. Seizure records;

1. Application of Acts and subordinate statutes to report on investigation (related to confirmation of victim's treatment period);

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. Probation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Application of the sentencing guidelines (Scope of recommending punishment) : Habitual injury, repeated crime injury, special injury, type 1 (Habitual injury, repeated crime injury, special injury) and areas subject to mitigation (one year and six months from June to two years) (special mitigation) of punishment;

2. Determination of sentence that the victim does not want the punishment and considering the fact that the victim does not have the same sentence; and

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