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(영문) 창원지방법원 2012.12.20 2012고단2575

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 27, 2012, around 11:35, the Defendant: (a) stated that the victim D(35 years of age) was click at the window C restaurant of Changwon-si; (b) stated that the victim D (35 years of age) was click; (c) brought the victim’s head at one time due to a beer disease, which is a dangerous object; and (d) sustained the victim’s body 2-3 times to undergo a 2-3-day procedure to undergo a treatment for about 7 days, and caused the victim’s bodily injury, such as double flick and flick.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to appraisal and commission (No. 102);

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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing):

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. Crimes related to violence of reasons in sentencing under Article 62-2 of the Probation Criminal Act, including punishment for a crime related to violence, and multiple times of punishment, are deemed to have inflicted bodily injury upon a defendant, who has served as a dangerous object, by priceing the part of the victim as a beer of the crime. However, the nature of the crime is poor. However, the fact that the defendant was committed at the time of committing the crime and is divided, the degree of injury to the victim is not severe, and the victim was smoothly agreed with the victim, and the punishment is determined as ordered in consideration of the sentencing conditions prescribed in Article 51