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(영문) 창원지방법원 거창지원 2015.09.02 2015고단145
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 becomes final and conclusive.

Reasons

Punishment of the crime

On April 11, 2015, at around 18:25, the Defendant completed the Do resident athletic competition within the D community hall located in Gohap-gun, Chungcheongnam-gun, Dongcheon-gun, and gathered the village residents, and had a dispute with the victim E (50 years old) who was not good for peace while eating, the Defendant: (a) sold the victim's head part to the victim's disease, which is a dangerous object on the table; (b) had a half that had been kept on the table; and (c) had a half that had been kept on the back at the victim's face; and (d) caused the victim to suffer a less than 14-day medical treatment for about 14 days, such as 3-4 meters long-term heat of the victim, which is a dangerous object on the table.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Reduction elements of the mitigated area (one year and six months to two years and six months for imprisonment) of category 1 (Habitual Injury, Bodily Injury, Bodily Injury, and Special Injury) (Special Bodily Injury) shall be mitigated range of the recommended punishment according to the sentencing guidelines (Scope of the recommended punishment): Efforts to recover damage;

2. Determination of sentence: One and half years of imprisonment with prison labor, and two years of suspended sentence, the crime of this case was committed by the defendant by getting the defendant out of the hospital, which is a dangerous thing for the head of the victim, and the method of the crime is very dangerous, and the nature of the crime is also poor;

However, the defendant reflects his own crime, and the defendant has no criminal record of suspended execution or more for the same crime.

The defendant appears to have committed the crime of this case by contingency, and the defendant is likely to recover from damage.

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