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(영문) 창원지방법원 거창지원 2014.12.03 2014고단258
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 18, 2014, at around 20:20 on June 20, 2014, the Defendant is away from the victim on the grounds for asking for the first preparations used by the Defendant on poppy trees located in his house located in G of the neighboring residents C (58 years of age).

On the ground that the victim gets out of the wall, he collected the flag of a flag, which is a dangerous object on the wall, with both hands, and 3-4 times off the head of the victim, thereby causing approximately three weeks of medical treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each investigation report (in relation to the attachment of field photographs, the attachment of additional site photographs, and the attachment of photographs to the upper part of the victim);

1. Application of Acts and subordinate statutes of a medical 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 mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances);

1. Articles 25 (1), 31 (1) and (2) of the Act on Special Cases concerning Expedition, etc. of Lawsuit for Compensation Orders;

1. Reasons for sentencing under Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings Concerning the Pronouncement of Provisional Execution [Scope of Recommendation Punishment] There is no person who has a basic area (two to four years) (two years) of habitual injury, repeated injury, and special injury (two-four years) [Determination of sentence] [Determination of sentence] unfavorable: The fact that the head of the body, which is a dangerous object, is a multiple prices at the flasium, which is an important part of the body, may cause any excessive result; the normal circumstances favorable to those that do not reach an agreement with the victim; the fact that the defendant is led to the confession of the crime; the fact that the defendant is elderly; the fact that the defendant is the first offender; and the fact that the victim deposits KRW 1.

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