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(영문) 창원지방법원 2015.06.17 2015고단265
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 August 27, 2014, the Defendant: (a) around 01:00, the Defendant took a ceremony with the employees of E in the Danong branch located in the window C of Changwon-si, and (b) took part in a large amount of the victim F (the age of 22) who is an employee, who was an employee, was uncompacted by the senior G, and took part in the face of the victim 4:5 times at the floor of hand, and 4:5 times at the beer disease, which is a dangerous object in the side, and 3 weeks at one time the head of the victim needs to be treated for approximately three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes of the injury diagnosis 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. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Where the range of the recommended sentence [Scope of the recommended sentence] is significantly liable for the occurrence of crimes or the expansion of damage to the victim, even though the victim is under mitigation area (one year and six months to two years) (one year and six months to six months), type 1 (Habitual Injury, Bodily Injury, Bodily Injury, and Special Injury) of habitual injury, repeated injury and special injury;

2. The crime of this case committed by the Defendant, which is a dangerous thing, was committed by the injury of the victim due to the injury of the victim by getting the head of the victim’s disease. The nature of the crime is not good.

However, under the favorable circumstances, such as the defendant's time to commit the crime of this case, the defendant's mistake is against the mistake, the damage has increased by making his head due to beer's disease, the victim has no record of the same crime, the spouse and the three children, etc., and other favorable circumstances such as the defendant's age, character and conduct, motive, means and consequence of the crime, relationship with the victim, circumstances after the crime, etc., the sentencing conditions under Article 51 of the Criminal Act and the recommended sentencing guidelines under Article 51 of the Criminal Act.

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