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(영문) 수원지방법원 2014.08.28 2014고단1470
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

Reasons

Punishment of the crime

On October 17, 2013, the Defendant is a person who was sentenced to imprisonment with prison labor for larceny in the Suwon District Court for six months, and the judgment becomes final and conclusive at that time, and is still under probation.

On February 1, 2014, at around 11:20, the Defendant got off the victim’s face and body from the Defendant’s house located in Suwon-si C on the ground that the victim D (here, 19 years of age) makes a false statement.

On the other hand, the Defendant continued to take away a household net, which is a dangerous object that had been kept in the influence book, and made it time for the Defendant to have the Victim's shoulder and lusium.

As a result, the defendant suffered injuries, such as cage cage cages that require approximately five weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A victim's photograph;

1. A written diagnosis of injury;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 of the Criminal Act;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommendation] [the grounds for sentencing] - Type 1 (2 to 4 years) of the basic area (2 to 4 years) of habitual injury, repeated injury, and special injury (the scope of recommendation] - [the decision of sentence] - considering the fact that the defendant seems to be suffering from evidence showing symptoms of mental disorder, the motive and circumstance of the crime, the degree of injury inflicted on the victim, etc., the above recommendation type appears to be somewhat harsh to the defendant, and thus, the above recommendation type is set aside from the lowest limit of the above recommendation type and the court detention for the treatment of the defendant shall not be made.

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