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(영문) 창원지방법원 통영지원 2013.06.04 2013고단182
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 three years from the date of the final judgment.

Reasons

Punishment of the crime

At around 05:00 on January 14, 2013, the Defendant: (a) around 05:00, while having been in a dispute with D with D, the Defendant was faced with D, and the Defendant was faced with D, but the Defendant was faced with the Defendant’s disease on the part of the victim E (54 years of age) who was taking meals on the next table.

As a result, the defendant added the victim's 28-day medical treatment to the upper left-hand bank and the spawn on the upper left-hand bank.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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. 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. Article 62 (1) of the Criminal Act (The following factors for sentencing have been repeatedly taken into consideration for the defendant);

1. According to the sentencing guidelines for sentencing under Article 62-2 of the Criminal Act on probation and community service order, one year and six months or two years and six months are recommended to be sentenced to imprisonment for the accused (see, e.g., recommendation for the mitigation area of the type of “special injury” (see, e.g., recognition of non-compliance with punishment as a special mitigation factor). The above special mitigation factor and the fact that the accused are against the accused’s personality shall be considered as the sentencing factors favorable to the accused, and the sentence identical to the disposition

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