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(영문) 창원지방법원 진주지원 2014.05.20 2014고단241
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 8, 2014, at around 20:50, the Defendant, while drinking alcohol together with E, F, and Victim G, suffered injury to the victim, such as cerebral chin, which caused the victim’s ma and religious problems, on the ground of an empty fluor’s disease, which is a dangerous object on the table table. The Defendant fluor, on the ground of another empty fluor’s disease on the table table, she flicked the victim’s head once, she flicked the victim’s head once, and flicked the part of the face of the victim who flicked and flicked the victim’s head once, and flicked the victim’s face without open treatment for about three weeks of head.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H, I, J, E, F, and G;

1. On-site photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 257 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, the choice of imprisonment with labor;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following factors shall be considered in light of favorable circumstances among the reasons for sentencing):

1. Article 62 of the Criminal Act (Resumed Circumstances in favor of the reasons for sentencing following the suspended sentence):

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the defendant had been punished more than once for the same crime, and again committed the crime in this case, and the method of committing the crime is also set at two times due to the small-scale illness, and the face of the victim who is faced with the crime is very poor. However, although there are unfavorable circumstances such as the defendant's timing of committing the crime and reflects against himself/herself, it is favorable circumstances such as the defendant's age, family environment supporting a large number of family members, relationship with the victim, motive for committing the crime, and circumstances after committing the crime, etc., which are revealed in the arguments of this case.

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