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(영문) 창원지방법원 2015.05.13 2015고단105
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

except that 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 July 19, 2014, the Defendant: (a) around 01:00, at the Changhae-si, Da “D” Duna, which is located in Changhae-si C, and (b) at high school, the Defendant laid off the victim’s head, and displayed the victim’s head, which is a dangerous object, with a beer disease, and displayed him/her a dangerous object, leading the victim to approximately three weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Eth statement among the suspect interrogation protocol of the accused against the prosecution;

1. Police suspect interrogation protocol regarding E;

1. Statement made by the police of the F;

1. Application of an injury diagnosis certificate (number 8), on-site photograph-related statute;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The sentence shall be determined as the same as the order, in consideration of all the various sentencing conditions, including the following: (a) the mitigated area (one year and six months to two months), the mitigated area (including a person who has been subject to special mitigation), the punishment not having been imposed (including a serious effort to recover damage), or the considerable partial damage has been restored (a decision of a sentence is made]; (b) the defendant has no record of criminal punishment; and (c) the defendant has no record of criminal punishment; and (d) the age, character and behavior, the environment of the defendant and the circumstances of the instant crime, etc.

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