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(영문) 창원지방법원 마산지원 2014.06.25 2013고단370

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

Reasons

Punishment of the crime

On January 28, 2011, the Defendant was sentenced to ten months of imprisonment for fraud, etc. at the Changwon District Court, and completed the execution of the sentence in the Changwon Prison on May 24, 201.

On April 1, 2013, around 21:30, the Defendant entered the D cafeteria located in Changwon-si, Changwon-si, Masan-si, which was under the influence of alcohol, and obstructed the victim E (n, 54 years of age) who was living in the same Dong and Dong in common.

The Defendant brought the victim behind in reflect mind, and the victim saw him as “Ig, kid, Iget, Iget, Ign the body, Ign the body, Ign the beer disease, which is a dangerous object on the table, one time to the head of the victim, and led the victim to the two sides and the diagnosis that require approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Commissioning for appraisal;

1. Application of Acts and subordinate statutes to investigation 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. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommending punishment] Special Bodily Injury (the period from September to February), Special Mitigation Area (the period from September to June), and one year and six months (the period from September to June) of imprisonment with prison labor for minor injury (the decision of sentencing is a repeated offender, but it falls under a repeated offense, and the agreement is made with the victim, etc.);