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(영문) 창원지방법원 2016.11.24 2015고단3154 (1)
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Criminal facts

On February 18, 2014, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny, etc. at the Changwon District Court on February 18, 2014 and completed the execution of the sentence in the Busan Prison on December 9, 2014.

At around 03:10 on September 3, 2015, the Defendant and B were in front of the instant 8-story singing store in Kimhae-si, Kimhae-si.

At that time, the Defendant thought that the victim E (the age of 32) playing at this time was an employee, and said that he was “Triririly Ilriri”, but the victim respondeded to “Tririririririririririri L”, the victim’s head at one time with the hand floor of the victim’s head, B, together with it, her head part of the victim’s head one time with the beer disease, which is a dangerous object in the main room, and the Defendant her face was flried and dangerous object at one time with the beer disease, the victim’s head part at one time, which is a dangerous object when the victim’s face can be taken by drinking. B again her head part as a beer disease, which is a dangerous object when the victim’s face can be taken by drinking.

Accordingly, the defendant, in collusion with B, carried dangerous goods with the victim about two weeks of medical treatment, and put about less than two weeks of medical treatment.

Summary of Evidence

1. Each prosecutor or police interrogation protocol of the accused;

1. The suspect interrogation protocol of the police as to B;

1. Each police statement of the E, F, and G;

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes concerning criminal records, copies of written judgments, and personal identification and confinement status;

1. Articles 258-2 (1), 257 (1), and 30 of the Criminal Act concerning the facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The following circumstances were taken into account in determining the punishment such as the order of reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act.

- Unfavorable circumstances: The method of crime is dangerous, the crime committed during the period of repeated offense due to another crime, the concealment of materials, and the failure to comply with the trial; favorable circumstances: The injury is not serious, the agreement is reached, etc.

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