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(영문) 창원지방법원 진주지원 2015.08.26 2015고단481
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:55 on April 14, 2015, the Defendant found the breast at an emergency room of the Gyeongnam University Hospital located in Gangnam-ro, Jinju-ro, Gangnam-ro, 79 on the ground that he respondeded to the victim C (V) who was under the influence of alcohol, and was in the course of being in the course of being discharged from the hospital, but the Defendant heard that the nurse C (V) would go to the house, but he would be asked to the doctor in charge of whether he was discharged from the hospital, but he would be asked to the doctor in charge of how he was discharged from the hospital. However, the Defendant: (a) took a look at the dog of metal material, which is a dangerous object, and was collected to the victim's face; and (b) took about about 21 days in compliance with this part of the victim, and (c) took part in the body and the loss of the body in need of open medical treatment for about 21 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. An investigation report (Submission of a medical certificate, etc. for injury);

1. Application of the Acts and subordinate statutes to photographs showing damaged parts;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of sentence recommended according to the sentencing criteria (decision of type) and the scope of special injury (special form of punishment) resulting from violence, the penalty board (the scope of recommending punishment) shall be sentenced to imprisonment for not less than one year and six months but not more than two years and six months;

2. The defendant, who was under medical treatment in an emergency room of a hospital, was able to tring the victim and inflict an injury on the victim. In light of the details and means of the crime, danger, the part and degree of the victim's injury, etc., the nature of the crime is not good.

However, the fact that the defendant reflects his own crime, the defendant appears to have committed the crime of this case contingently, the defendant does not want the punishment of the defendant when he reached an agreement with the victim, and the criminal records other than fines are imposed on the defendant.

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