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(영문) 창원지방법원 2015.06.24 2015고단184

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

At around 22:30 on January 9, 2015, the Defendant expressed the victim E (the age of 51) who had performed drinking together in the fourth floor D in Kimhae-si, and expressed the victim E (the age of 51) who had expressed a desire to reach F with the age above the age of her age, and caused the Defendant’s injury to the victim by her head, who was a dangerous object on his/her customer, by lowering three times the victim’s head, and her head, the victim’s head, who was unable to know the number of days of treatment, was exposed to the her head, who was a dangerous object on his/her customer.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes on damage and on-site photographs, commission of appraisal and reply;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The sentence shall be determined as per the order, taking into account all the various conditions of sentencing, including the following: (a) types 1 (Habitual Injury, Bodily Injury, Bodily Injury, and Special Injury) (1 year to 6-2 months) (1 year and 2 months); (b) the mitigation area (1) [Special Mitigation] (1 year and 6-6 months); (c) the accused is against his/her mistake; (d) the accused has no criminal records beyond the fine; and (e