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(영문) 창원지방법원 진주지원 2015.09.09 2015고단618
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendants shall be punished by imprisonment for one year and six months.

However, for the defendant A from the date this judgment became final and conclusive, three years.

Reasons

Punishment of the crime

1. On June 27, 2015, around 00:28, Defendant A, at the Jinju-si F restaurant located in Jinju-si, the victim G (here, 48 years of age) who is a business owner, was aware of the Defendant’s desire to take care of the Defendant, and the Defendant got off the victim’s head one time by gathering an empty disease, which is a dangerous object on the table.

As a result, the Defendant carried dangerous articles and inflicted bodily injury on the victim, such as thale, thale, thale, and thale that requires treatment for about two weeks.

2. The Defendant B, at the time, at the time, at the place, as described in paragraph (1), and at the time, at the victim A (the age of 54), the head of G, the Defendant’s wife, clicked the beer’s disease, and the empty beer’s disease, which is a dangerous thing on the beer’s face, was faced with the victim’s face.

In this respect, the defendant carried dangerous objects and carried them with approximately one week of medical treatment, thereby suffering from the opening of the body.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect interrogation protocol against Defendant A;

1. Each police statement of H and G;

1. Each injury diagnosis letter;

1. Application of each statute on photographs;

1. The Defendants of relevant criminal facts: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act;

1. Defendants of suspended sentence: Reasons for sentencing under Article 62(1) of the Criminal Act

1. The scope of sentence recommended on the sentencing criteria [decision of types] violence, injury (special mitigation] and non-compliance with punishment (the scope of recommendation punishment], which are committed by a person under special mitigation, shall be sentenced to imprisonment for not less than one year and six months but not more than two years and six months;

2. In light of the means of the instant crime and the risk thereof, the Defendants’ liability is not minor, but the Defendants reflects the instant crime; Defendant A and Defendant B agreed with the victim G, Defendant B, the victim, and the victim’s injury did not amount to the degree of injury; and Defendant B are at their prices.

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