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(영문) 창원지방법원 2015.06.18 2015고단910

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

Criminal facts

On March 21, 2015, the Defendant: (a) around 22:40 on March 21, 2015, at D Sing shop in Kimhae-si, and (b) on the ground that the victim E (the 49-year-old) had the victim E (the 49-year-old) to calculate the drinking value, caused the victim to talk with the victim; (c) on the part of the victim, the victim was able to collect cinger’s disease, which is a dangerous object on the defect table that the victim would attempt to go out of the stude, caused the victim to take one stop back the head of the victim’s right head and put about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence [Scope of recommending punishment] : Type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodily Injury, Bodily Injury, Special Bodi Bodily Injury) (In September through June 6) - Where the minimum limit of the applicable sentencing under the law, which is the minimum limit of the applicable sentencing (special mitigation), has been modified (including special mitigation), minor bodily injury, non-conformity with punishment (including serious efforts to recover damage), or considerable damage has been recovered (decision of sentence] 1 year and 6 months, suspended sentence 2 years (the fact that no injury has been committed, agreed fact that it has been committed, etc.) of the Act;