(영문) 창원지방법원 거창지원 2016.02.17 2015고단322

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Reasons

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줄 간격

자간(%)

(영문) 창원지방법원 거창지원 2016.02.17 2015고단322

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 a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 00:10 on October 16, 2015, the Defendant, on the ground that, within the room of “D main point” located in Changnam-gun, Changdong-gun, the Defendant: (a) was a victim E (at the age of 46) who performed the same alcohol as the main point, and was able to speak to the friendship-gu, who was present together with the Defendant, as he himself; (b) had the beer residues (at the height of about 12 cm, approximately 8 cm in diameter, about 12 cm in diameter), which is a dangerous object on the table, had the victim’s face; and (c) had the victim’s eye adequate for the victim’s eye, thereby causing injury to the victim’s inner, inner, and surrounding rheating that requires approximately two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to E and F;

1. A damaged photograph;

1. Each investigation report (to attach records of progress of treatment of a complainant, and to hear statements from the victim's telephone);

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that even though the defendant was sentenced to a suspended sentence for the same kind of crime in 2011, he/she should severely punish the defendant as he/she committed the instant crime.

However, in consideration of the fact that the defendant reflects the crime of this case, the agreement with the victim, and the fact that the defendant seems to have committed the crime of this case by contingent, the sentence like the order shall be sentenced.

참조조문

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