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(영문) 춘천지방법원 원주지원 2015.12.09 2015고단904
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

At around 00:20 on September 3, 2015, the Defendant: (a) caused the victim E (30 years of age) to go against himself and herself, and (b) caused the victim’s injury to the victim, i.e., the victim’s inner part of the treatment days, such as 300c glass straw, which is a dangerous article on the table, and 300c glass strawls; and (b) caused the victim’s injury to the victim, such as the victim’s inner part of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A medical certificate;

1. Application of each statute on photographs of damage;

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. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

2. Application of the sentencing criteria;

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

(b) Special fosters: Reduction elements - Acts causing some of the victims;

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

3. Determination of sentence: Imprisonment with prison labor for one year and six months (the reasonable circumstances) and no record of criminal punishment exceeding deposit of KRW 10,000,000,000 shall be imposed (unfavorable circumstances); the injury suffered by the victim is serious; the injury is an inner part; and the agreement is not reached (the victim's desire to impose severe punishment);

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