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(영문) 창원지방법원 통영지원 2015.02.12 2014고단1152
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to a suspended sentence of two years on October 15, 2013 in the Changwon District Court’s branch on October 7, 2013 for a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.) at the Changwon District Court’s branch branch, and the said judgment became final and conclusive on October 15, 2013, and

【Criminal Facts】

At around 21:00 on June 21, 2014, the Defendant: (a) avoided disturbance on the ground of the micro sound of the singing-sing line at “D” main points located in C when drinking alcohol; (b) collected beer disease, which is a dangerous thing on the customer; and (c) caused the victim E (the 50-year-old age), who continued to be fit for the arms of the victim; and (d) sustained glass cup, which is a dangerous thing, in line with the body of the victim, was collected by the victim; and (e) caused the injury to the victim, such as completing the part on the left-hand part, which requires four weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation report (victim E phone statement);

1. A medical certificate;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports ( Results of case search and attachment of judgment);

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. The reason for sentencing [the scope of recommending sentence] under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the reasons for sentencing as follows] where the mitigation area (one year and six months from June to two years), the mitigation area (one year and six months from the special mitigation), the exemption area (including a serious effort to recover damage), or considerable damage (the decision of sentence] where the defendant commits another crime in this case even though he/she is currently under probation due to the same crime, and the defendant commits another crime in this case without any particular reason, and the defendant committed a beer disease, etc. to the victim without any specific reason.

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