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(영문) 창원지방법원 통영지원 2015.10.06 2015고단590
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

At around 04:10 on May 14, 2015, the Defendant: (a) at the main point of “E” operated by the Victim D (M, 52 years old); (b) the victim F (V, 54 years old) who performed the alcohol together with the Defendant, and (c) the victim F (V, e.g., a dangerous object for the Defendant’s self-esteem when he collected the f’s head at two times; (c) the victim F, the Defendant was in need of approximately three weeks of treatment; and (d) the victim F, the Defendant was in one time of the shoulder and head of the victim D, the Defendant was in need of approximately two weeks of treatment; and (e) the victim D, the Defendant was in the said scrap and head of the said metal at one time, and the victim D, who was in need of treatment for approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement made to F and D;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended punishment according to the sentencing guidelines - Category I (Scope of Recommendation) - the scope of the punishment for Class I (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodily Injury, and Special Injury) in the mitigated area (one year and six months through two years and six months) [Special Mitigation] - the scope of the recommendation punishment - the range of the second crime / the range of the habitual injury, repeated crime, and special injury [the scope of the punishment] the area of special mitigation (9-2 and six months) in the area of special mitigation (9-2 and six months), and the scope of the final sentence due to the aggravation of the majority of the non-criminals: One year and six months to September 1:

2. All the records and arguments of this case, such as the fact that the person who has been sentenced to the sentence of imprisonment is against whom the sentence is to be mitigated and the defendant is against, and that the defendant's age, character and conduct, motive and means of committing the crime, and criminal records (the fact that there is no past record of suspended sentence

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