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(영문) 창원지방법원 2014.08.26 2013고단3220

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2. Provided, That the above sentence shall be executed for three years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

At around 03:45 on August 19, 2013, the Defendant: (a) reported the victim E (the 19-year-old) to F, a driver’s of the Defendant, “d 19 years of age,” and (b) reported the victim’s face two times on the ground that he was Gun without wrapping the ship; (c) the victim’s head part was flick, which is a dangerous object on the table table; and (d) the victim’s head part was flicked for about 4 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G and E;

1. Application of Acts and subordinate statutes to report internal investigation (as to the attachment of an injury diagnosis 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;

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 reason for the suspended sentence under Article 62(1) of the Criminal Act (hereinafter referred to as the following reasons for the suspended sentence) is [the scope of recommendation] the mitigated area (one year and six months to one year and six months), the mitigated area (including a person who has been specially mitigated), the person who has not been punished (including a serious effort to recover damage), or the person whose considerable damage has been recovered (the decision on the sentenced sentence] is not less exceptionally; however, the extent of the injury of the victim is not easy; however, the defendant is recognized and against the mistake; the fact that the defendant has agreed with the victim; the first offender who has no specific criminal power; the fact that the victim has agreed with the victim; the fact that the defendant has agreed with the victim; and other circumstances that form the conditions for the sentencing, such as the defendant's age, character, conduct, and environment, shall be taken into consideration; and the sentence shall be determined as per the order

Public Prosecution Rejection Parts

1. On August 19, 2013, the summary of the charge is that the victim E (19 years of age) was the same as F, a woman-friendly Gu of the victim, the defendant's day, around 03:00 on August 19, 2013, in the case of Samsung F, which was located in Samsung-si, Kim Jong-si, Kim Jong-si. Furthermore, the defendant her