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(영문) 창원지방법원 통영지원 2014.07.04 2014고단336

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than two years 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 00:30 on April 17, 2014, the Defendant: (a) reported that C, who had been in a relationship with the victim D(38 years of age), was carrying the victim D(38 years of age) on the road in front of the long-term 4 Mayang-ro, leading to driving of the cargo vehicle, and subsequently, the victim was determined to be Da and “I will see Da and “I will see Doh” at the vehicle.

The Defendant: (a) on the ground that the Defendant got off the victim’s name while the Defendant got off the victim’s name; (b) while taking a dangerous article (37 cm in length) that was contained in the back seat of his own cargo vehicle; and (c) “Influence of 200,000” and “influence of 200,000,000 won.”

As a result, the defendant suffered bodily injury such as complicated crushing of 84 days (12 weeks) which requires treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Statement to C by the police;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes concerning photographs, such as seals;

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. Social service order under Article 62-2 of the Criminal Act;

1. According to the sentencing guidelines for sentencing under Article 48(1)1 of the Confiscation Criminal Act, a defendant is recommended to be sentenced to two to four years of imprisonment (in accordance with the sentencing guidelines for sentencing, two or more years of imprisonment for the defendant [the recommendation of the basic area of the type of “special injury” (the “not to punish” as a special mitigation factor, and each recognition of “serious injury” as a special aggravation element]. Since the defendant was committed by the head who takes charge of the core function of the body function as a network, the nature of the crime is not good, and the fact that the victim suffered serious injury is disadvantageous to the defendant.