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(영문) 춘천지방법원 강릉지원 2014.03.26 2013고단873
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for one year.

except that 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

On September 5, 2013, at around 02:35, the Defendant, at the main point of “D” located in Gangnam-si C, abused alcohol with the victim E (year 52), and committed assault, without any reason, by gathering beer’s disease, which is a dangerous object on the table of the table, and by making the victim get out of the left-hand head of the victim’s body.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of each statute on photographs;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (i.e., sentencing factors favorable to the following reasons for sentencing)

1. The scope of punishment by law: Imprisonment with prison labor for one year - 30 years;

2. Scope of the sentencing guidelines: Scope of the sentencing guidelines [decision of type] for violent crime group, assault crime Type 6 (Special Violence) (Special Assault) - mitigated elements: In cases where the scope of sentencing recommended by the sentencing guidelines in February 1 and 2 is inconsistent with the scope of the sentencing guidelines in accordance with the law, the sentencing guidelines shall be set according to the upper limit or lower limit of the punishment for law, in cases where the scope of sentence recommended by the sentencing guidelines in February 1 and 2 are inconsistent with the scope of the sentencing guidelines in accordance with the law;

3. Determination of sentence shall be taken into account as a sentencing factors disadvantageous to the defendant who has the same power as that of the defendant, and such sentencing factors shall be determined in consideration of the favorable sentencing factors that have agreed with the victim.

It is so decided as per Disposition for the above reasons.

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