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(영문) 전주지방법원 남원지원 2013.11.05 2013고단208
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 23:40 on July 30, 2013, the Defendant, while drinking alcohol at the main point of “E” located in “E”, was slickly sleeped by the victim C (the age of 40) who was drinking on other tables, taking a bath, etc.

As a result, the Defendant carried dangerous things and inflicted an injury upon the victim, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes to report internal investigation;

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 (The following consideration shall be made again for the reason of sentencing);

1. Grounds for sentencing under Articles 32 (1) 1 and 26 (1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Orders (the application for compensation order of this case is illegal after the closing of argument)

1. The scope of punishment by sentence: Imprisonment for not less than one year and six months to fifteen years;

2. The scope of sentence recommended according to the sentencing guidelines [the range of sentence] applicable to violent crimes, repeated injury, special injury by a repeated offender, and Type 1 (Special Mitigation) shall also be reasonably responsible for the occurrence of or the expansion of damage to the victim (the decision of the scope of sentence] mitigated area (one year and six months of imprisonment or two years and six months of imprisonment);

3. Determination of sentence: One year and six months of imprisonment, and two years of suspended sentence, however, the victim's severe punishment as the victim did not reach an agreement with the victim, seems not to be responsible for the occurrence of the crime in this case, and the extent of the victim's injury is not excessive;

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