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(영문) 창원지방법원 통영지원 2013.12.13 2013고단821
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 three years from the date of the final judgment.

Reasons

Punishment of the crime

On September 10, 2013, the Defendant: (a) around 23:25, at the main point of “D” located in C at a macroscam on September 23:25, 2013; (b) on the ground that the victim E (33 years of age) who is a customer said to be “Is the Defendant to calculate the drinking value”, the Defendant called “Is the Defendant,” and said, “Isnish, Is the head part of the said victim, which is a dangerous object for collecting the empty disease from the main point, and booms the Defendant’s head part at one time, and the part of the said empty disease, which was the part of the victim’s 38 years of age, was protruding back on the part of the victim F (38 years of age), who was the one of the said victims.

As a result, the Defendant carried dangerous articles and carried them about two weeks to the victim E, thereby causing bodily injury to the victim E, and causing the victim F to suffer bodily injury due to the number of treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act (the point of inflicting an injury on a dangerous object);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act (The following factors for sentencing have been repeatedly taken into consideration for the defendant);

1. According to the sentencing guidelines for sentencing under Article 62-2 of the Criminal Act for probation and community service order, the defendant is recommended to be sentenced to one year and six months to nine years of imprisonment (in the case of each crime on the market, recommendation for mitigation area of “special injury” type (the recognition of each minor injury as a special mitigation factor) and multiple crimes). The fact that any injury was inflicted by using beer’s disease shall be considered as the causes for sentencing disadvantageous to the defendant.

However, the defendant reflects the defendant, and 50,000 won for the victim E.

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