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(영문) 창원지방법원 2015.08.13 2015고단1227
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

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

Reasons

Punishment of the crime

On March 6, 2015, at around 21:50, the Defendant listened to the fact that the Defendant took a large drinking from the victim E (the age of 36) in the Dju located in Kimhae-si, Kim Jong-si, that he would go home, and that he would go home. Accordingly, the Defendant saw the victim's face as an empty baby who was a dangerous object on the table of the table at the seat of the table, and gets off the victim's head garl, and taken up the victim's face by drinking.

As a result, the defendant was an empty baby who is a dangerous object, and the victim was unable to know the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. E prosecutorial statement;

1. Application of statutes to damaged parts photographs and investigation reports (influence of an injury diagnosis report);

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. The reason for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence [Scope of Recommendation] In the case of habitual injury, repeated injury, and special injury (Habitual Injury, Bodi Bodily Injury and Bodily Injury), the mitigated area (one year and six months to two years), the mitigated area (special mitigation), the punishment not to be imposed (including serious efforts to recover damage), or where considerable damage has been recovered (the decision of sentencing] the crime is not easy because the defendant gets the head of the victim as an injured person who is a dangerous object, and the head of the victim was inflicted by the injured person (the decision of sentencing). However, the crime is not easy because the defendant agreed smoothly with the victim, but the victim was not guilty of violence, and there was no previous conviction, and all the sentencing conditions as shown in the arguments including the age, character and behavior, home environment, motive and circumstance of the crime, the means and consequence of the crime, the means and result of the crime, etc. after the crime, as shown in the order

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