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(영문) 창원지방법원 통영지원 2014.10.14 2014고단676
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

Around 18:40 on July 26, 2014, the Defendant, while drinking alcohol together with “D” restaurant located in Scam C, and the victim E (36 years of age), who is an employee of the same company, went to the same age, on the ground that the Defendant neglected himself/herself by saying, “I will not see the drinking value,” and disregarded himself/herself. However, the Defendant, on the ground that the victim’s head, who is a dangerous object in the table (360 square meters), went to the part of the victim’s head on one time on the part of an empty bottle (360 square meters). On the other hand, the Defendant went to the part of the victim’s head on one time after having been adjacent to the table table.

As a result, the defendant carried dangerous things and inflicted bodily injury on the victim, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of a medical 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 mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);

1. According to the sentencing guidelines for sentencing under Article 62(1) of the Criminal Act (i.e., repeated sentencing favorable to the defendant among the reasons for sentencing) of the suspended sentence, the Defendant is recommended to be sentenced to one year and six months through two years and six months from the imprisonment (see, e.g., recommendation to reduce the type of “special injury” (see, e.g., recommendation to deny punishment as a special mitigation factor)). It shall be considered that the Defendant committed

However, considering the fact that the victim does not want the punishment of the defendant, that the defendant reflects the defendant, and that the defendant has no same criminal records, the sentencing factors favorable to the defendant are considered.

Other grounds for sentencing, such as the age and family relationship of the accused, shall be determined in the same manner as the order.

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