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(영문) 춘천지방법원 영월지원 2013.05.14 2013고단85
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

except that 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

On February 19, 2013, the Defendant: (a) around 10:40 on February 19, 2013, at the Gangwon-gun C Office of Gangwon-gu, the Defendant: (b) took a bath for the victim D (the age of 58) who was present at the meeting of the Investment Telecommunication on the ground that he was bad for scambing his hand; (c) took a dangerous object, and took the victim into consideration; and (d) took a dangerous object, and (d) took up the victim on the part of his head, thereby causing injury to the victim, such as two-time open wifes in need of two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D and E;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to report on investigation (report on the scene and photographs of deadly weapons);

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. 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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. Extent of the recommended sentence according to the sentencing guidelines (decision of types of punishment) according to the range of the recommended punishment [decision of types of punishment]; Habitual injury, injury by repeated offense, special injury by repeated offense (special person) and special injury by repeated offense: In the mitigated area of punishment [decision of the recommended area] (decision of the recommended area] mitigated area of punishment [decision of the recommended area] [decision of the mitigated area], one year and six months to two years and

(a) Major reasons for attending the school: Members not subject to punishment;

(b) Reasons for general participation: Social friendship clear, serious reflectivity, or there is no criminal record of a stay of execution or more (esteem).

2. Determination of sentence: Determination of sentence: One year and six months of imprisonment, and the liability of the defendant for the crime of two years of suspended sentence, but the crime of this case is deemed to have been contingent, considering the fact that the defendant agreed with the victim, that the defendant has no criminal record of suspended sentence or more, the degree of injury of the victim, and that the defendant led to confession of the crime of this case and reflects his mistake, etc., the punishment shall be determined as per the disposition against the defendant;

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