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(영문) 창원지방법원 2015.04.15 2014고단3134
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

At around 20:30 on October 4, 2014, the Defendant: (a) took a fraternity meeting at “E” restaurant located in the window of Changwon-si, Changwon-si, on the ground that the victim F (50 years of age) took the Defendant’s attitude, and (b) taken a part of the victim’s disease, which is a dangerous object that was on the table, once the victim’s back to the part of the victim; and (c) took part in the victim’s injury of the two skins, sprinking, and inspecting the victim for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes on the certificate of injury, and photographs of damaged wife;

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 mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Articles 32(1) and (2), and 25(3) of the Act on Special Cases concerning the Rejection of Action, etc. of Application for Compensation (the scope of liability for compensation is not clear, and it is not reasonable to issue an order for compensation in the criminal procedure of this case);

1. Minor injury not exceeding two weeks in diagnosis in the mitigated area (one year and six months to two years) (one year and six months), the mitigated area (one year and two years and six months), of category 1 (Habitual Injury, Bodily Injury, Bodily Injury), the habitual injury, the repeated injury, and the special injury;

2. The crime of this case, which was determined to be sentenced, is a reason for sentencing unfavorable to the defendant, in terms of the fact that the defendant, who is a dangerous object, inflicted an injury upon the victim by getting off the part of the victim, and that the risk of the crime itself itself is very high, and that the defendant does not recover any damage to the victim.

However, the defendant's intention to commit the crime of this case is against the mistake, the degree of injury to the victim is not much serious, and the defendant is not guilty.

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