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(영문) 창원지방법원 2015.11.12 2015고단2728
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 three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 23, 2015, at around 23:50 on October 23, 2015, the Defendant: (a) within the Djus located in Kimhae-si C; (b) the victim E (59 years of age) is in a conflict with the Defendant’s daily behaviors; (c) the head of the victim was released once from beer disease, which is a dangerous object in the table table, and (d) the victim was suffering from a multiple scopic scopic scopic scopic scopty that

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. A written diagnosis of injury;

1. Application of each statute on photographs;

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 execution of a sentence shall be suspended in consideration of the following: (a) the mitigated area (one year and six months to six months), the mitigated area (including a person who has been specially mitigated), the punishment not having been imposed (including a serious effort to recover damage), or where considerable damage has been recovered (the decision of a sentence] the crime is not easy because the defendant has been inflicted an injury upon the head of the victim due to beer who is a dangerous object, but it is not easy that the crime has been committed; (b) the extent of the injury is not severe; (c) the victim has agreed smoothly with the victim; and (d) the victim has been divided without any violence and wrong. In addition, the execution of a sentence shall be suspended by taking into account the following factors: the defendant's age, character and behavior, family environment, motive and circumstance of the crime, the means and consequence of the crime, the means and consequence of the crime, and the circumstances after the crime;

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