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(영문) 창원지방법원 거창지원 2015.05.13 2015고단33

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, 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

The defendant was accused of the complaint on the ground that the victim C (the 57-year-old) who is a working partner did not know well within the workplace.

At around 23:20 on January 2, 2015, the Defendant: (a) found the three rooms of the above dormitory where the victim was under influence of alcohol, and (b) took a dangerous object in advance (24 cm in total length, 14 cm in length) holding the victim’s left-hand buckbucks, one time, at E dormitory located in Gyeongnam-gun, Gyeongnam-gun, Gyeongnam-gun, the Defendant reached the victim’s left-hand buckbucks.

Accordingly, the defendant carried dangerous objects and carried them into the left-hand side of the victim requiring treatment for three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Seizure records;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of photographs of damage), investigation reports (Attachment of field photographs), investigation reports (Attachment of written agreements and diagnosis reports);

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

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Sentence I (Habitual Injury, Bodi Bodily Injury, Bodily Injury and Special Bodily Injury) of the mitigated area (one year and six months to two years), according to the mitigated area (one year and six months from the date of imprisonment) of the recommended area according to the sentencing guidelines: Reduction elements of the mitigated area: Reduction of the punishment;

2. Determination of sentence: One and half years of imprisonment with prison labor, and two years of suspended execution, the crime of this case was committed by the defendant with excessive bucks by the victim, and the method of the crime is very dangerous.

However, considering the fact that the defendant reflects his criminal act, there is no criminal conviction against the defendant, and that he agreed with the victim, it is the same as the order.