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(영문) 창원지방법원 거창지원 2015.02.04 2014고단357
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 June 14, 2014, at around 22:00, the Defendant d (53 years of age) was drinking alcoholic beverages in front of the C convenience store located in Chang-gun, Chungcheongnam-gun, Seoul, on the ground that the victim D (53 years of age) was drinking alcoholic beverages, and her part of the victim’s neck was tightly pushed off on the floor, and her part was tightly cut off the victim’s body part over the floor, her part was tightly cut off twice, and her part was her part, etc. on one occasion by taking advantage of the victim’s plastic chair who was in the front of the C convenience store located in Chang-gun, Chungcheongnam-gun. On the other hand, the Defendant d) her part of the victim’s body part over the floor, which was her dangerous object on the ground that the victim was assaulted by the victim.

As a result, the defendant carried dangerous objects and carried them for about two weeks to give treatment to the victim, such as snow boom and gymp around snow.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Application of Acts and subordinate statutes to an investigation report (Attachment of a written diagnosis of injury to a complainant);

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. Consideration under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the confession, the absence of a previous conviction of stay of execution or more for the last twenty years, the occurrence of a crime is deemed to have been responsible for the victim, and the injury suffered by the victim is not serious);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances);

1. Where the reason for sentencing under Article 62-2 of the Criminal Act of the community service order (the range of recommending punishment) is that the victim is fully responsible for the occurrence of crimes or the expansion of damage, even for the mitigation area (1 year and six months to two years) (1 year and six months), category 1 (Habitual Injury, Bodily Injury, Bodily Injury, and Special Injury) of the same Act;

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