(영문) 창원지방법원 2016.04.12 2015고단3206

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(영문) 창원지방법원 2016.04.12 2015고단3206

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On October 24, 2015, at around 21:30, the Defendant: (a) 225, Sungwon-si, Sungwon-si, Sungwon-si, Sungwon-si, Seoul apartment house 225, known from around 2011, and dealt with the victim D (47 tax) and alcohol; and (b) discussed whether the victim of the Defendant’s assault case should bear the burden on the victim; (c) on the part of the injured party, the Defendant saw the victim’s left face, which is an object of drinking as an alcoholic beverage, she thrown and continuously dangerous treatment. In light of the victim’s left face, the Defendant sawd the victim about two weeks face face, she was in need of approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. A report on investigation (report on the dispatch of the scene), on-site photographs, and photographs of DNA damage;

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

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act is that the defendant is a person who has suffered bodily injury due to his or her head as a principal soldier: Provided, That the execution of a sentence shall be suspended in consideration of the following: (a) the defendant has agreed with the victim smoothly, and his or her mistake has been divided; and (b) the execution of the sentence is an initial offender without any previous conviction;

b. Determination of punishment as ordered by comprehensively taking account of the Defendant’s age, sexual conduct, family environment, motive and circumstance of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of

참조조문

-형법 제62조 제1항

-형법 제257조 제1항

-형법 제258조의2 제1항

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