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(영문) 창원지방법원 통영지원 2014.05.30 2014고단326
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 3 years from the date of the conclusion of the judgment.

Reasons

Punishment of the crime

The defendant is a person who works as an employee at the D convenience point in Gyeongnam-gun C.

At around 05:40 on February 28, 2014, the Defendant heard that the victim E (the 18-year-old age) was holding a credit card against the Defendant, and that “the calculation of Albags will not be made only with the calculation of Albags,” and that the victim’s head was one time by beer, which is a dangerous object on the Kabater, and caused two-time injury to the victim, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of a medical certificate;

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 mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);

1. According to the sentencing guidelines for sentencing under Article 62(1) of the Criminal Act (i.e., repeated circumstances favorable to the defendant among the reasons for sentencing), the suspension of execution is recommended from one year and six months to two months (see, e.g., recommendation to reduce the scope of “special injury” (see, e., recognition of “non-compliance with punishment”), recommendation to suspend the execution (see, e.g., Supreme Court Decision 2009Do148, Apr. 1, 2009). The Defendant committed a crime using beer’s disease, taking into account the factors unfavorable to

However, it shall be considered that the victim does not want the punishment of the defendant, and that the defendant is the first offender and is against the defendant as the reasons for sentencing favorable to the defendant.

Other grounds for sentencing, such as the defendant's age, family relations, criminal motive, etc., shall be determined in the same manner as the disposition.

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