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(영문) 창원지방법원 마산지원 2015.12.23 2015고단865
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 22, 2015, the Defendant: (a) around 01:40 on September 22, 2015, at the front of the child center in the synthetic Dong of Changwon-si, Changwon-si, the Defendant: (b) brought the victim C, who was under the influence of alcohol, filed a 112 report.

The Defendant reported the victim C’s filing of the 112 report as above and got the victim C to flee. As the victim C’s provoking D prevented the Defendant, the victim’s provoking D prevented him from escape, and thereby, she got off the original form, which is a dangerous object prior to the chemical possession (15 cm), and then, she took off the victim E’s ma and her her her her her her her her her her her her her her her her her her her her her her her her her her her her her she

The Defendant continued to set up against the Defendant the Victim E’s left head and right hand hand hand of the Victim C, which continued to resist the said defect, and caused injury to the Victim C, such as cerebral lele, in detail where there is no open room for two weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, C, and D prepared by the police;

1. Attaching a report on internal investigation (attaching photographs of damage);

1. Application of Acts and subordinate statutes of each written diagnosis to C and E;

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. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Social Service Order Act on the grounds of sentencing: (a) Category 1 (Scope of Recommendation) shall be the area of mitigation (1 year and six months to two months), the area of mitigation (including a person who has been specially mitigated), the area of punishment not (including a serious effort to recover damage), or the area of considerable damage, the second crime [the scope of Recommendation] shall be the area of habitual injury, repeated injury, special injury, or special injury.

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