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(영문) 창원지방법원 마산지원 2014.11.19 2014고단932

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

1. Defendant A shall be punished by imprisonment with prison labor for one year and six months;

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 14, 2014, Defendant A, while drinking alcohol within the E office located in the Haan-gun, Haan-gun, Haan-gun, around 21:00, and drinking games, the Defendant inflicted an injury on the part of the victim with each item ( approximately 150 cm in length, approximately 6 cm in thickness, about 15 cm in width, and about 15 cm in width) which is dangerous for the victim B (the age of 47) to make a half-yearly, when taking a bridge into consideration the part of the victim, resulting in the victim’s injury, such as cutting off the framework of the non-alley body part of the bridge that requires about five weeks medical treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

2. Defendant B, as stated in paragraph (1) at the date and time, at a place specified in paragraph (1), had the victim’s face against the assaulted by the victim A (the age of 54), and had the victim taken care of the victim’s face at around eight weeks, and had the victim suffered injury, such as cutting the frame of internal walls and internal walls necessary for treatment.

Accordingly, the defendant injured the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants

1. A complaint;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1)2 of the Criminal Act: Article 257(1) of the Criminal Act;

1. Discretionary mitigation (Defendant A): Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of crimes, etc. in consideration of friendly crimes);

1. Suspension of execution: Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Defendant A (Scope of Recommendation): Reduction area (one year and six months and two years and six months): Imprisonment with prison labor for a year and six months, suspension of execution of a sentence for a person who is not subject to punishment (decision of sentence): Two years (decision of sentence of imprisonment with prison labor for a year and six months, suspension of execution of a sentence for a person who is not subject to special injury);

2. Defendant B (Scope of Recommendation): Type 1 (General Bodily Harmon) Special Mitigation Zone (1 to 1) (1) (Special Mitigation Zone): In the event that the victim is fully responsible for the occurrence of a crime or the expansion of damage, not subject to punishment (decision on a sentence): Imprisonment with prison labor for up to eight months, not subject to suspended sentence for two years (in the event of reflection, agreement, etc.).