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(영문) 창원지방법원 2015.04.22 2014고단3219

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

At around 22:30 on October 19, 2014, the Defendant, at the main point of “D,” located in Kimhae-si, Kim Jong-si, Da, he was able to drink with workplace club fee E, but he was able to do so, due to the strike to the workplace club fee victim F. However, he was able to do so, he was able to do so, which is a dangerous object on the table, and he was flicked, and was flicked once the left head part of the victim's face and flicked once the victim's face. In addition, the Defendant 21-day flicked two flives that require the victim's treatment for about 21 days.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police investigation of suspect with regard to F;

1. Protocol of the police statement concerning G;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The range of recommendation [Scope of recommendation] the area to be mitigated (one year and six months to two years) (one year and six months), the area to be mitigated (one year and six months to six months), the area to be mitigated (a special mitigation) of Type 1 (Habitual Injury, Bodily Injury, Bodily Injury and Special Injury);

2. The crime of this case, which is a dangerous object based on the defendant's minor trial expenses, was committed by a smallest injury to the victim's left-hand head, resulting in the victim's serious heat on the left-hand side. It is not good that the crime of this case was committed by the victim.

However, the criminal law, such as the defendant's age, character and conduct, motive, means and consequence of the crime, relationship with the victim, circumstance after the crime, etc., is a favorable circumstance such as the defendant's age, character and behavior, the motive, means and consequence of the crime, etc., that the victim does not want punishment against the defendant, and that the defendant does not have any specific criminal power, except that sentenced twice to the violation of the Road Traffic Act