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(영문) 창원지방법원 2015.07.09 2015고단783

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 this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 23:55 on January 16, 2015, the Defendant: (a) asked the victim D (the age of 34) to have a brupted with a crush in front of the Kimhae-si; (b) left the convenience store immediately adjacent to the brush; (c) taken the brush in front of the brush, which had been displayed at the brush; and (d) taken the part of the head of the brush, which is a dangerous object, brought the victim into the brush requiring approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police suspect interrogation protocol against D, E, or F;

1. Sicker's disease and photographs of damaged parts;

1. Application of Acts and subordinate statutes of the general medical 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of the punishment] In the case where a victim is fully responsible for the occurrence of a crime or the expansion of damage in the area of special mitigation (9 to 2 months) (special mitigation) [Special Mitigation] [Special Mitigation], where the victim is also responsible for the occurrence of a crime or the expansion of damage, the crime is not subject to punishment (including serious efforts to recover damage) or where considerable damage has been restored [the decision of sentence] where the victim is the head of the victim due to a minor disease, which is a dangerous object of the defendant, and has been inflicted an injury, and thus the crime is not easy. However, the crime was agreed with the victim only once, and there was no criminal record other than the fine, and there was no error, as well as the defendant's age, character, family environment, motive and circumstance of the crime, the means and circumstance of the crime, the means and result of the crime, etc. after the crime, and all the conditions for sentencing specified in the oral proceedings after the crime are considered as the order;