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(영문) 창원지방법원 통영지원 2015.04.15 2015고단9
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 this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On October 22, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) : (a) around 18:30 on October 22, 2014; (b) around 18:30 on the ground that the Defendant was “D frequency collection” in Jinsung-gun C; (c) on the ground that the victim’s E (48 years of age) and the victim was frighted during drinking alcohol; (d) three times the head part of the victim’s disease, which is a dangerous object on the table, was collected; and (e) during that process, the Defendant flicked the victim’s face by avoiding it, thereby making the victim’s left part of the victim’s back.

이로써 피고인은 피해자에게 약 2주간의 치료가 필요한 귓바퀴 및 안면부 열상을 가하였다.

2. The Defendant causing property damage, at the time and time set forth in paragraph 1, destroyed the victim’s glass owned by 950,000 won, by gathering the tree chairs located at the front of the restaurant on the ground of paragraph 1, for the same reasons as that of paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A written diagnosis and written estimate;

1. Each written agreement;

1. Application of each statute on photographs;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 257 (1) of the Criminal Act (the point of special injury), Article 366 of the Criminal Act (the point of causing damage to property), and the choice of imprisonment with prison labor;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service or attending lectures;

1. The sentencing guidelines [Scope of Recommendation] The mitigated area (one year and six months to two years and six months of imprisonment) (special mitigation] of mitigation area (a year and six months to two years) of habitual injury, repeated injury, and special injury (a habitual injury, repeated injury, and special injury) (a person subject to special mitigation) (a person subject to special mitigation] of damage to property, for which the sentencing guidelines are not provided for in the crime of causing damage to property, the minimum limit according to the sentencing guidelines shall

2. Determination of sentence - Unfavorable circumstances:

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