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(영문) 춘천지방법원 영월지원 2013.11.29 2013고단436
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

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

At around 22:30 on August 15, 2013, the Defendant, while drinking alcohol with the victim E (the age of 37) on the ground that the victim, who was under influence of alcohol with the victim E (the age of 37), made a verbal answer with the victim, brought an injury to the victim, such as an open wife, etc. requiring approximately two weeks of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on site photographs of damaged parts, on-site photographs;

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. Grounds for sentencing under Article 62-2 of the Criminal Act, and Article 59 of the Act on Probation, etc.;

1. The range of the recommended sentence on the sentencing guidelines [decision of types] the scope of the sentence (decision of types] on the recommendation criteria; habitual injury, repeated injury, special injury (decision of the recommended area] the basic area of habitual injury, repeated crime injury, special injury [decision of the recommended area] - two to four years of imprisonment [decision of the recommended area] the basic area of the punishment [decision of the recommended area] - there is no serious reflective reason: no effort to recover damage; and no general witness reason - no effort to recover damage is made; and

2. The Defendant, who was sentenced to punishment, did not make any effort to recover from damage up to now, shall be sentenced to punishment as ordered by the Defendant, taking into account the fact that the Defendant’s liability for the crime in this case appears to have been contingent, and the degree of injury to the victim is not relatively heavy.

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