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(영문) 춘천지방법원 강릉지원 2013.12.19 2013고단757
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 01:10 on June 23, 2013, the Defendant laid down a portable knife (e.g. 5.5 cm) which is a dangerous object kept in the snife in the nife, as the victim F (58 years of age) would turn back at the E main shop located in Gangnam-si C, and put the victim’s left part of the nife onto the left part of the nife where the victim’s treatment days cannot be known.

Summary of Evidence

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A medical certificate;

1. A damaged photograph;

1. Application of Acts and subordinate statutes on seizure records;

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. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of discretionary punishment: Imprisonment with prison labor for one year and six months - 15 years;

2. Scope of the recommended sentence on the sentencing guidelines [decision of type] group of violent crime, special injury (special person in special form): In cases where minor injury, victim is also responsible for the occurrence of a crime, [the scope of the recommended sentence] special mitigation zone: Imprisonment with prison labor, September-2, and June - in cases where the scope of the sentence recommended on the sentencing guidelines is inconsistent with the legally applicable sentencing range, the lower limit of the applicable sentencing range shall be in accordance with law, and ultimately, the scope of the recommended sentence shall be 1 year and 6 months imprisonment and 2 years and 6 months.

3. The sentence shall be determined as above, taking into consideration the following circumstances: (a) the defendant who was sentenced to a fine of one million won was deposited by the victim; (b) the victim was able to take time in advance; (c) the victim was engaged in this incident; and (d) the portable knick, which was used for committing the crime, was in possession of a low-level fishing; and (c) the defendant was punished twice by a fine with the same power and

It is so decided as per Disposition for the above reasons.

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