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(영문) 창원지방법원 2015.10.22 2015고단2111
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 became final and conclusive.

Reasons

Punishment of the crime

At around 06:30 on May 31, 2015, the Defendant, while drinking alcohol together with the victim E (22 years of age), took a dispute with each other while raising the victim's attention, and putting the drug back, and putting the head of the victim's disease, which is a dangerous object on the table table, and put the victim's head into a second scam requiring treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Recording recording recording and reporting;

1. Investigative report (Attachment of a letter of commission for appraisal), and the commissioning for appraisal;

1. Application of statutes on site photographs;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] In the case of habitual injury, repeated injury, and special injury [Special Mitigation] type 1 (Habitual Injury, Bodi Bodily Injury, Bodily Injury and Bodily Injury] (one year to two months), the mitigated area (1 year and six months), the punishment is not imposed (including efforts to recover damage), or considerable damage has been recovered (the decision of the sentenced sentence] The crime is not easy because the defendant has been inflicted an injury upon the head of the victim who is a major soldier who is a dangerous object at the end of the dispute, which is minor or a dangerous object at the end of the crime, and there is no previous offense. However, the execution of the sentence is suspended considering the following factors: The defendant's age, character and behavior, family environment, motive and circumstance of the crime, the method and consequence of the crime, the method and result of the crime, and the circumstances of the crime after the crime, etc.

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