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(영문) 창원지방법원 통영지원 2014.06.26 2014고단371
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A victim C(33 years of age) and a victim D(41 years of age) were the problem that around 21:00 on February 21, 2014, when he waits for a taxi in front of the sight point of the “Fmat” located in E at the city of 1:00, G, the Defendant’s work partner, was trying to get into a taxi that entered the place, while waiting for a taxi.

After that, the Defendant reported that G and victims return from toilets and did not look at the time, and collected a neck (1.5m in total length) which is a dangerous object in possession of G and victims, about three times the head of the Victim C and about three times the head of the Victim D.

As a result, the defendant suffered from injury to the victim C, which requires approximately three weeks of medical treatment, and the victim D respectively, requiring approximately one week of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, G, and C;

1. Each internal investigation report (in accordance with the attachment of a photograph of the damaged part of the victim D, accompanied by a field photograph), each photograph;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( Taking into account the circumstances favorable to the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. The offense of violation of the Punishment of Violences, etc. Act (a collective injury, deadly injury, etc.) (aggravated injury, a repeated crime, and a special injury) against C for the reason of sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Probation, etc. Act [the scope of recommendations] the basic area (two to four years) (two years) of the Type 1 (a violation of the Punishment of Violences, etc. (a collective injury, a repeated injury, a repeated crime, and a special injury) against D without any special person] [the scope of recommendations] of habitual injury, a repeated injury, a special injury by a repeated crime, and a special injury.

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