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(영문) 창원지방법원 통영지원 2015.06.04 2015고단350

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 01:40 on January 8, 2015, the Defendant: (a) while drinking alcohol together with the victim E (the age of 36) within two times the Dnora week located in C at a macro-si; (b) first, the Defendant: (c) went home from the site to the victim; (d) brought the victim’s head to the beer who was a dangerous object on the table, and (e) brought about two weeks of the victim’s head to the beer, and (e) brought about two weeks of the victim’s head to the beer.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of a 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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Social Service Order [Scope of Recommendation] The punishment shall be determined as per the order, taking into consideration the following: (a) the mitigated area (1 year and six months to six months); (b) the mitigated area (1) (1 year and six months to six months); (c) a minor injury (a person who has been specially mitigated) a person who has not been sentenced to imprisonment without prison labor or a heavier punishment; (d) a person who has deposited two million won for the victim; (e) his/her mistake is pened and against the victim; and (e) the Defendant’s age, character and conduct, environment, circumstances after committing the crime