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(영문) 창원지방법원 통영지원 2016.01.06 2015고단899
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

Criminal facts

On November 3, 2012, 21:20, the Defendant and C meta at E (E) main points located in S (D) on November 3, 2012, when drinking alcohol together with the victim F (45:3) and drinking alcohol, C took the face of the victim several times in drinking, and C took the part of the victim’s head with an empty beer who is a dangerous object, and the Defendant inflicted injury on the victim’s head.

Accordingly, the defendant, together with C, injured the victim as a dangerous thing.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement made by the police with respect to F;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act concerning a crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service or attending lectures;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] the victim is not subject to the punishment for a victim in the mitigated area (one year and six months from June to two years) (one year and six months from the date of special mitigation) of Class 1 (Habitual injury, repeated injury, special injury and special injury).

2. Determination of sentence - Determination of sentence - Unfavorable circumstances: The fact that the victim inflicts an injury on the victim due to beer and beer who is a dangerous thing, and the fact that the investigation and trial have been scheduled due to this case, but fails to faithfully perform it on

(k) favorable circumstances: The degree of injury of the victim is not severe; the defendant does not want the punishment against the defendant by agreement with the victim; the defendant appears to be an contingent crime in the state of drinking, and reflects that it appears to be an incidental crime in the state of drinking;

- Other conditions of sentencing under Article 51 of the Criminal Act, such as the defendant's age, sex, environment, and circumstances after the crime, shall be taken into consideration.

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