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(영문) 창원지방법원 거창지원 2014.10.15 2014고단201

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

On March 21, 2014, at around 23:00 on March 21, 2014, the Defendant: (a) from the victim D(36 years of age) to check one’s own family company from the victim D(C) “C”; (b) taken the victim’s left her house at one time, and (c) taken the victim’s knick on the victim’s left knick (500ml) with the victim’s head knick (500ml) with the victim’s left knick on one occasion; and (d) continued to turn the victim’s head knick on one occasion.

As a result, the Defendant inflicted injury on the victim, such as 30 days of medical treatment, due to scopic depression, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of the 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;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (the consideration given in favor of the victim, such as the fact that the victim has agreed with him/her, and the fact that he/she has no record of committing any crime, other than the previous convictions

1. Where the reason (Scope of recommending punishment) for sentencing under Article 62 (1) of the Criminal Act (including repeated circumstances favorable to the above), the mitigation area (one year and six months through two years and six months), the penalty not (including advanced efforts for recovery of damage), or considerable partial damage has been mitigated, in the mitigated area (one year and six months through six months), or the reason for sentencing under Article 62 (1) of the Criminal Act (the scope of recommending punishment);