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(영문) 창원지방법원 거창지원 2015.05.20 2015고단22
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 January 3, 2015, the Defendant: (a) around 20:00 on January 3, 2015, around 20: (b) around 20:00, the Defendant left the victim’s face part 4 times by a small-scale illness, which is a dangerous object in possession of the victim on the ground that the victim did not make any mistake even though the number of the defendants returned from the victim D (the age of 19) was not good; (c) however, (d) the Defendant left the part of the victim’s face in a continuous

As a result, the Defendant inflicted bodily injury on the victim, such as brain salute in detail, which requires medical treatment for 21 days.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of the Acts and subordinate statutes on the medical certificate of injury and photographs of the upper part of the body;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Sentence I (Habitual Injury, Bodi Bodily Injury, Bodily Injury and Special Bodily Injury) of the mitigated area (one year and six months to two years), according to the mitigated area (one year and six months from the date of imprisonment) of the recommended area according to the sentencing guidelines: Reduction elements of the mitigated area: Reduction of the punishment;

2. Determination of sentence: One and half years of imprisonment, and two years of suspended sentence, the crime of this case is likely to result in the victim's hair and face with dangerous articles and the method of the crime is very dangerous;

However, in consideration of the fact that the defendant reflects his criminal act, there is no criminal conviction against the defendant, and that the defendant has agreed with the victim, the sentence like the order shall be sentenced.

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