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(영문) 창원지방법원 2015.07.01 2015고단653

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

On February 16, 2015, at around 02:30, the Defendant reported that the victim E (the age of 23) who had performed drinking on the road front of the D main point in Kimhae-si, the Defendant was punished for the pertinent drinking room F, etc., which is the customer, but the victim continued to assault the above F, etc., and caused the victim to incur injury, such as thrhee, which is a dangerous object in the gambling room where the victim was able to frighten the disturbance, and caused the victim to undergo approximately three-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A criminal investigation report (related to the binding of documents);

1. Application of the Acts and subordinate statutes to the complaint;

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 Recommendation] Article 62(1) of the Criminal Act: Type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury, Bodi Bodi Bodi Bodi Bodi Bodily Injury, Specific Injury) (1 year and 2 months) in the mitigated area (1 year and 6 months) (2 years and 6 months) (the decision of sentence] in which the method of punishment is dangerous and the degree of damage to the victim is not easy; however, the defendant agreed smoothly with the victim; the defendant goes against his mistake; the defendant is the first offender without any criminal power; the defendant is an initial offender without the criminal records; and the defendant's age, environment, etc