beta
(영문) 창원지방법원 진주지원 2015.04.01 2015고단99

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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 22:10 on November 8, 2014, the Defendant: (a) reported that the victim E (the 30-year-old) recklessly discarded cigarette butts in front of the Defendant’s operation singing, and (b) reported that the victim E did not take away the cigarette butt in front of the Defendant’s operation singing, and then, (c) reported the victim E’s f (the 29-year-old-old-age-age-age-age-age-age-long-age-long-long-long-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim F, and assaulted the victim E.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to F and E by the police;

1. Application of Acts and subordinate statutes of each photograph and written diagnosis of injury;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act (the occupation of inflicting an injury on carrying a dangerous object); Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 260 (1) of the Criminal Act (the occupation of assaulting carrying a dangerous object);

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravated Punishment of Violences, etc. which is heavier than punishment (aggravated Punishment of Concurrent Crimes concerning the Crimes of Injury by Group, Deadly Weapons, etc.)]

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of sentence recommended on the sentencing criteria: Imprisonment with prison labor for not less than one year and not more than six months but not more than one year and not more than three months;

(a) Basic crimes [the crime of violation of the Punishment of Violences, etc. Act (the determination of types] and special injury (a special person who has been punished): Reduction elements of punishment: Imprisonment with prison labor for not less than one year and six months but not more than two years and six months;

(b) Concurrent assault (a violation of the Punishment of Violences, etc. Act (a collective action, a deadly weapon, etc.) (a decision of type).