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(영문) 창원지방법원 통영지원 2015.04.24 2014고단1100

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On November 22, 2014, at around 01:40, the Defendant: (a) at one week of “D” located in Masung-gun, Masung-gun; (b) brought a dispute between the victim E (28 years of age) and the drinking value payment; (c) he saw the victim’s right shoulder by drinking; (d) he saw the victim’s head one time and two or three times of face face; and (e) was her head by gathering a beer disease, which is a dangerous object on the tables.

In this respect, the defendant carried dangerous articles and carried the victim's head in the number of days of treatment, typology and heat.

Summary of Evidence

1. Defendant's legal statement;

1. E police statement;

1. Application of Chapter Four Acts and subordinate statutes to field 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. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following grounds for sentencing)

1. Scope of recommendations according to the sentencing criteria - Special mitigation areas (from September to June) - Insignificant injuries and non-influences of punishment for special mitigation areas, Type 1: Special mitigation areas;

2. The sentence shall be determined as ordered in consideration of the overall sentencing conditions, such as the fact that the person to whom the sentence was to be mitigated and the defendant are against whom the sentence is to be imposed, the age, character and conduct of the defendant and circumstances leading