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(영문) 창원지방법원 통영지원 2015.11.04 2015고단774
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

Criminal facts

On July 26, 2015, the Defendant: (a) around 23:07, through Eju, operated by the victim D (Inn, 44 years of age) with the second and second floor C and on the ground that the victim demand a certain amount of alcohol not paid, by putting the beer’s disease, which is a dangerous object on the table table, on hand, putting the beer’s disease on hand; and (b) putting it over to the employee F (n, 38 years of age) and pushed it over to the employees, thereby making the said victim’s left part of the victim’s disease.

After that, the Defendant: (a) threatened the victims of a shouldered beer’s disease; (b) continued to catch and trace the victim F’s hair by hand; and (c) caused the victim D to be sealed by hand.

In other words, the Defendant: (a) took a shouldered beer disease to the victim F on the part of the victim, and (b) took a behavior that seems to be a “Neman Criman, Ieman, Ieman, Ieman, Ieman, Ieman, I am.” and (c) followed the victim D.

As a result, the Defendant carried dangerous goods and carried about two weeks of medical treatment to the victim D, and inflicted injury on brain-dead sugar, etc. without any open address, and on approximately two weeks of medical treatment to the victim F, the Defendant committed an injury to the victim F, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Each injury diagnosis letter;

1. Application of the photographic Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service or attending lectures;

1. The range of the recommended sentence according to the sentencing guidelines [the range of the recommended sentence] shall be the range of the final sentence according to the aggravation of the punishment of the victim (person subject to special mitigation] by the majority of the total members who are not subject to the punishment of the victim (person subject to special mitigation).

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