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(영문) 창원지방법원 통영지원 2015.05.13 2015고단119

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

At around 00:20 on November 9, 2014, the Defendant collected the clocks of glass material on the table table on the table, and collected the cocks of the victim G (W, 32 years old) who was sitting in the table table on the table, on the ground that the Defendant was suffering from stress at home and in the workplace, at the 3rd room of Dju located in Scam C, a workplace volunteer, E, F, etc., and was under drinking. The Defendant was under the influence of the cocks on the table, and the Defendant was under the influence of the cocks of the victim’s cocks.

As a result, the Defendant carried dangerous things and inflicted an injury on the victim, such as a pelke, which requires approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A written diagnosis of injury;

1. Application of statutes on site photographs;

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. The reason for sentencing under Article 62-2 of the Criminal Act;

1. Type 1 (Habitual Injury, Bodi Bodily Injury and Special Injury) (Scope of Recommendation Sentence), basic area (limited to two years to four years of imprisonment) of the recommended punishment according to the sentencing guidelines;

2. Determination of sentence - Determination of sentence - Unfavorable circumstances: To beer and World Cup, which is a dangerous article, inflicting an injury on the face of a victim;

(k) favorable circumstances: The fact that an agreement is not reached, but deposited for the victim, appears to be a contingent crime, there is no previous conviction for the last ten years or less, and the previous previous conviction is a minor fine, and reflects that the deposit is made for the victim.

- Other conditions of sentencing under Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, and circumstances after the crime, are taken into account, and the community service order is added with reflective and sexual reflection.