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(영문) 창원지방법원 거창지원 2015.05.13 2015고단35
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

Punishment of the crime

On January 22, 2015, at around 20:40 on January 22, 2015, the Defendant brought a beer’s disease, which is a dangerous object on a customer’s hand, on the ground that the victim D(39 years of age) who is the same workplace building in C3 located in G, Gyeongnam Development-gun, without permission, took the head of the victim once.

Accordingly, the defendant carried dangerous objects and put the victim a light on the left side in need of treatment for about four weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Investigation report (the scene of damage and photographs of victim DNA);

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

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Sentence I (Habitual Injury, Bodi Bodily Injury, Bodily Injury and Special Bodily Injury) of the mitigated area (one year and six months to two years), according to the mitigated area (one year and six months from the date of imprisonment) of the recommended area according to the sentencing guidelines: Reduction elements of the mitigated area: Reduction of the punishment;

2. Determination of sentence: One and half years of imprisonment, and two years of suspended sentence, the crime of this case is to be taken by the defendant as a dangerous thing for the head of the victim, and the method of the crime is very dangerous;

However, in consideration of the fact that the defendant reflects his criminal act, there is no criminal conviction against the defendant, and that the defendant has agreed with the victim, the sentence like the order shall be sentenced.

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