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(영문) 춘천지방법원 2014.11.27 2014고단1080
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 three years from the date of the final judgment.

Reasons

Punishment of the crime

On September 16, 2014, around 00:04, the Defendant: (a) found the victim D (at the age of 50) in front of Chuncheon City, in front of C on the ground that he was unable to find the victim’s home and avoided disturbance due to alcohol; (b) twice the victim’s face is taken twice in drinking; and (c) made the victim’s head back part of the victim’s head using a wooden stop, which is a dangerous object on the floor at that point.

In this respect, the defendant carried dangerous goods with the head of the treatment days to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the provisions of Acts and subordinate statutes on site visit reports on violent incidents, and on-site photographs;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 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 extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act of the Probation and Social Service Order [Scope of Recommendation] The mitigated area (one year and six months to six months), the mitigated area (including efforts to recover damage), the punishment of a person who is subject to special mitigation], or where considerable damage has been recovered, the scope of the compared sentence with the recommended sentence: From one year and six months to two years and six months (one year and six months [Pronouncement Decision]; the defendant is sentenced two times from 1984 to two years; imprisonment with labor; suspension of performance of official duties; suspension of the execution of imprisonment with labor for three times; suspension of the execution of seven times; imprisonment with labor for seven times; imprisonment with labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.); and the defendant has committed a mistake against his/her own order or any other favorable cause.

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