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(영문) 창원지방법원 통영지원 2015.03.11 2014고단1071
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

The facts of the crime are that the defendant, the victim C(54) is between D's workplace compensation, the D's cooperation company for treatment and ocean.

On September 28, 2014, the Defendant: (a) on September 28, 2014, around F 04:00, on the street in front of the F cafeteria E, sent the victim a phone in order to follow the work of drinking with the victim and drinking, and (b) followed the work of drinking with the victim, and (c) the victim called the victim, “I am well flascen,” and the victim, in front of the F cafeteria, “I am well flacen,” and (d) the victim, who was in front of the F cafeteria, flacened, flaced a cement block, which is a dangerous object in the surrounding area, flacened one time at the end of the victim, flacen and the head part of the victim with the cement block several times.

As a result, the Defendant carried dangerous articles with the victim and inflicted injury on the victim, such as her bones, which requires medical treatment for about four weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning G and C;

1. Photographs;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act;

1. Unfavorable circumstances: The means, methods, circumstances, risks, and degree of damage of the instant crime;

1. favorable circumstances: Confession, reflectivity, contingent crimes, and matters agreed with the victim;

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