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(영문) 창원지방법원 통영지원 2015.10.08 2015고단637
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

[criminal power] The Defendant was sentenced to a suspended sentence of three years on October 17, 2013 to a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Changwon District Court’s Tong Branch’s branch on October 17, 2013, and the said judgment became final and conclusive on October 25, 2013. On January 8, 2014, the same court was sentenced to a suspended sentence of two years for a crime of bodily injury, etc. on June 16, 2014 and the said judgment became final and conclusive on January 16, 2014, and was in the period of the suspended sentence as of February 12, 2015, and was sentenced to five months of imprisonment with prison labor at the Changwon District Court’s branch on September 14, 2015, and dismissed the said judgment

【Criminal Facts】

On July 13, 2015, the Defendant: (a) around 16:30 on July 13, 2015, at a restaurant operated by the victim D (n, 54 years of age) who was under the influence of alcohol, and was on the part of the victim, who was under the influence of alcohol, was on the part of the victim's left part of the victim, and was on the part of the victim, who was under the influence of alcohol, and was in need of approximately seven days of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The relevant photograph and the injury diagnosis report;

1. Report of investigation (to make a statement, such as a victim);

1. Previous records before ruling: Application of criminal records, inquiry reports (crimes during the period of suspended execution of the defendant, results of case search) and 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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The latter part of Article 39 (1) and Article 55 (1) 3 of the Criminal Act (the principle of equity in cases where a judgment is rendered simultaneously with the obstruction of business, etc. which becomes final and conclusive) following the treatment of concurrent crimes;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommending punishment] Habitual injury, repeated injury, and special injury (Habitual injury, repeated injury, and special injury) shall be as follows: (a) the special mitigation area (9 to 2 months) (9 to 6 months) of the Criminal Act; (b) dolusent intentional injury.

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