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(영문) 창원지방법원 통영지원 2015.11.25 2015고단746
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Criminal facts

On July 13, 2015, around 23:30 on July 13, 2015, the Defendant talked about the company's business fees, such as victim E (the age of 31) and ice cream, and told that the victim's friendship will continue to work in the same manner with the mind, and that the victim's talks about the Defendant's talk that "the child is only using the human body."

Accordingly, the Defendant saw the victim as “Ilman, Ilman,” and saw the victim’s hand and head one time by inserting a scam of construction work, which is a dangerous object in a ton truck column, and return to the victim who was following the Defendant’s back, and the victim’s hand and head who prevented him.

As a result, the Defendant inflicted bodily injury on the victim, such as cerebral rupture, which requires medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to the investigation 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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of the recommended sentence according to the sentencing guidelines [the range of the recommended sentence] shall be the basic area (two to four years) of the type of habitual injury, repeated injury, and special injury (Habitual injury, repeated injury, special injury) (two to four years) (no special person).

2. Determination of sentence - Determination of favorable circumstances: The degree of injury of the victim is not significant, the deposit of some of the medical expenses (3.60,000 won) with the victim was not reached an agreement with the victim, the deposit of money (500,000 won) was made, the contingent crime was shown, the person who is against his/her interest, and the person who is exempted from his/her wife against the defendant.

(k) unfavorable circumstances: A person who inflicts an injury on the victim using a sacrificing inserted in construction works, which are dangerous objects.

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