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(영문) 창원지방법원 2015.08.19 2015고단1766
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On July 1, 2015, the Defendant: (a) around 18:15, at the house of D, other than the public prosecution in the Kimhae-si, the Defendant, while drinking alcohol together with D and D, was dissatisfied with the victim E, and (b) heard again the Defendant’s remarks, such as “norra,” and even though having talked several times, he continued to finite, he saw the Defendant. In addition, the Defendant’s insertion (total length, 1m, 30cm a day) which is a dangerous thing in the math garden, and caused bodily injury, such as double finites in need of medical treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Application of Acts and subordinate statutes to photographs of inflicting bodily injury on a victim;

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing) of the Criminal Act;

1. Where the range of the recommended sentence [Scope of the recommended sentence] is significantly liable for the occurrence of crimes or the expansion of damage to the victim, even though the victim is under mitigation area (one year and six months to two years) (one year and six months to six months), type 1 (Habitual Injury, Bodily Injury, Bodily Injury, and Special Injury) of habitual injury, repeated injury and special injury;

2. The crime of this case, which was sentenced to sentence, was committed by inserting the body of the victim's head by inserting the body of the victim's head in danger of the defendant and causing injury to the victim, such as the two scams requiring three weeks' treatment. The victim, even though the victim suffered serious injury to the upper part of the two scams and left side, is not recovered from damage. The defendant should be punished strictly considering the past fact that the defendant was subject to criminal punishment for violence crimes.

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