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(영문) 창원지방법원 2014.03.14 2013고단3900

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 October 21, 2013, the Defendant: (a) around 04:25, around 04:10, at one singing room in the underground floor of the Kimhae-si Kimhae-si, and (b) on the ground that the victim E (33 years of age) of water was taking the inside, and was engaged in an infinite behavior, such as unfiniteing the opening on the floor of the waz; (c) the Defendant: (d) caused the victim’s back part of the wab; (d) the victim’s head by using plastic ice, and (e) the victim’s face by using the lab, and caused the victim’s injury, such as brain, requiring treatment for about 21 days, by taking the victim’s face into account.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A medical certificate of injury, or photograph;

1. Application of Acts and subordinate statutes to each investigation report (a counter investigation, etc. into a shote);

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;

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

3. The crime of this case, which is the reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as "the reason for sentencing"), requires a strict punishment against the defendant, considering the following: (a) the crime of this case was committed by the injury to the victim due to the injury of the victim due to the injury of the victim as a dangerous object; and (b) the nature of the crime is not good; (c) the defendant led to confession and reflects the crime of this case; (d) the victim did not want the punishment by mutual consent with the victim; (e) the defendant did not have any record of punishment for the same crime; and (e) the defendant's age, character, character, intelligence and environment; (e) the motive and background of the crime of this case; and (e) the circumstances after