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(영문) 춘천지방법원 2014.07.10 2014고단427
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 3 years from the date of the conclusion of the judgment.

Reasons

Punishment of the crime

On April 6, 2014, at around 19:50, the Defendant reported that the Defendant and the Victim D (year 53) and E, F, etc. together live in the second floor of the Defendant and the Victim D (year 53) and the second floor of the Defendant, etc. were putting the victim and E, F, etc. with a tentatively named “high-saw” from the victim, and the Defendant took another person. “I am hick the victim’s horses “I am hick???? I am back the victim, I am hick the victim’s head at one time due to an empty disease, which is a dangerous object at the same time, and took one time the head of the victim’s head due to a shouldered small-scale illness.

As a result, the defendant carried dangerous articles and inflicted a tear tear on the victim who could not know the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Report on the occurrence of the case, report on dispatch, and application of relevant photographic 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 (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 the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] / [the scope of sentence] / The area of mitigation (one year and six months to two years and six months), the area of mitigation (including any effort to recover damage) / the area of punishment not having been punished (including any advanced effort to recover damage) or considerable partial damage, the scope of the compared sentence with the recommended sentence: 1 year and six years to six months (the decision of sentence]; 2 years and six months (the defendant is the first offender). It is so decided as per Disposition on the grounds above that the defendant is the first offender.

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