(영문) 창원지방법원 통영지원 2014.01.17 2013고단892

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Reasons

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 창원지방법원 통영지원 2014.01.17 2013고단892

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 3 years from the date of the conclusion of the judgment.

Reasons

Punishment of the crime

At around 01:50 on June 23, 2013, the Defendant: (a) collected 40 Sri Lankan, including the victim C, at the Saero Saero, at the Saero-si Saero-si Saero-si Saero-si, and got a part of a kind of life, the Defendant continued to sing the Defendant, but the Defendant continued to sing and talking with the Defendant when sing, singing the Defendant’s sat, and discovered the victim from around the victim’s residence at around 04:20 on the same day, the Defendant left the victim’s head once with a beer disease, which is a dangerous object prior to the victim’s possession, and left the victim’s head at approximately two weeks for medical treatment, including two hours of sat and two of sat, and two of satch units of injury.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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 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 (see, e.g., recommendation for the mitigation area of the type of “special injury” (see, e.g., recommendation for the mitigation area of the type of crime)). It shall be taken into account

However, the fact that the victim does not want the punishment of the defendant, the fact that the defendant is against the defendant shall be considered as the sentencing factor in favor of the defendant, and other sentencing factors, such as the age, occupation, etc. of the defendant, shall be determined in

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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