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(영문) 창원지방법원 통영지원 2014.07.15 2014고단368
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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 three years from the date of the final judgment.

Reasons

Punishment of the crime

1. Around 23:50 on March 21, 2014, the Defendant causing property damage: (a) caused the victim to demand the alcohol value at the E-place of the victim’s operation D (hereinafter “D”), and (b) caused the victim to answer the victim’s “influence of alcohol, police fluence,” and (c) caused the victim’s answer to “influence of fluence of fluor’s police,” and (d) caused the fluor of fluor of fluor of fluor of fluor of fluor of fluor of fluor of fluor of fluor of fluor of fluor of fluor of fluor of fluor of fluor of fluor of fluor of fluor of fluor of c

Accordingly, the defendant damaged the property owned by the victim.

2. Violation of the Punishment of Violences, etc. Act (injury by Group, Deadly Weapons, etc.) on the ground that the injured party F (23 years of age) who was drinking alcoholic beverages in Defendant’s side at the same time and place as indicated in paragraph (1) was frightened by the Defendant, and that the injured party F (23 years of age) was frightened by the Defendant, the victim was frightened one time by hand on the part of the head of the injured party.

As a result, the Defendant carried dangerous things and inflicted bodily injury on the victim for about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. A written diagnosis of injury;

1. Application of the written estimate statutes;

1. Relevant Article of the Criminal Act, Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act (the point of inflicting bodily injury on carrying dangerous articles);

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

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act (The following factors for sentencing have been repeatedly taken into consideration for the defendant);

1. According to the sentencing guidelines for sentencing under Article 62-2 of the Criminal Act, the defendant is sentenced to the lower limit of one year and six months of imprisonment.

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