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(영문) 춘천지방법원 원주지원 2014.03.26 2014고단54
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 of the final judgment.

Reasons

Punishment of the crime

On December 24, 2013, the Defendant: (a) around 02:55, at the main point of “D” located in Won-si, and (b) at the victim E (22 years of age) who drinking alcohol together, made an investment of beer, and (c) at the seat of the Defendant, when considering the victim’s face, the Defendant suffered injury, such as the bones beer for three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes of a medical certificate;

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. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Application of the sentencing criteria;

(a) Determination of types: Violence crimes, special injury, and Type 1;

(b) Persons who are specially sentenced to punishment: The elements of mitigation;

(c) In general, factors to mitigate punishment (no criminal punishment power) shall be mitigated;

(d) Scope of recommendations: Reduction area, one year and six months from June to two years; and

3. Determination of sentence: Imprisonment with prison labor for one year and six months, two years of suspended sentence, 40 hours of community service order, 40 hours of lecture in violent therapy, 40 hours of punishment [fluoral circumstances], 6 million won of punishment (fluoral circumstances], 40 million won of criminal records [fluoring circumstances], danger of using glass residues by means of assault, and serious injury;

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