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(영문) 의정부지방법원 2013.04.23 2013고단465
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 of the final judgment.

Reasons

Punishment of the crime

At around 22:00 on February 16, 2013, the Defendant, while drinking alcohol together with the victim D (the age of 27) at the Cju in the Guri-si, the Defendant misleads the victim to take a bath while communicating with the mother of the victim. “In the case of a fluor’s disease, which is a dangerous object of the victim’s desire to take a bath, the Defendant saw the victim to put the victim into a fluore in the treatment days.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to photographs (D) taken by the victim's upper parts of the body;

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Scope of sentencing under Article 62-2 of the Social Service Order Criminal Act: The scope of final sentence recommended by sentencing guidelines from 1 year and June to 15: Imprisonment from 1 year and June: From 1 year to 2 years: [criminal type] the standard and type of special injury among violent crime groups [Special Aggravation of Aggravation of Aggravation of Aggravation of Aggravation of Punishment: Reduction of punishment [Scope of Recommendation] in the mitigated area (from 1 to 6 months from 1 June to 2) of imprisonment with prison labor] in the sentencing guidelines: Whether to recommend suspension of sentence based on the serious half sentencing guidelines [major reasons of Sentencing of punishment] in cases where a person commits a crime by carrying a deadly weapon or other dangerous articles [general reasons of Sentencing of punishment]: The positive reason: It is required to punish the defendant in light of the fact that there is a great risk of the Act on the Punishment of Crimes in this case where there is no adverse reason: It appears that the victim and the defendant agree to the confession.

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