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(영문) 창원지방법원 마산지원 2015.04.08 2015고단183

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 March 3, 2015, at around 20:30, the Defendant, at the Defendant’s residence located in Changwon-si Ctel 926, raised a dispute about the management of the victim D and money, who is pro-friendly, at approximately 18 times, with the victim’s booms, once the victim’s booms the victim’s vessel, and flicks (total length of 38.5cm, 26cm in length, and knife) as well as seven times the body of the victim’s left arms, etc.

Therefore, when the victim resisted against the victim, intending to take a knife from the defendant, salvbling the knife by leaving the knife, leaving the knife by leaving the knife with the knife, the defendant brought the knife with the victim's left hand, and brought about four times the body of the victim, and brought about about six times the knife with the victim's hand, and brought about the knife to the victim's left arms.

As a result, the Defendant inflicted injury on the victim, such as the 5th, high straw, high straw, left-hand shoulder, and the dives of the above arms, the open upper part of the right-hand part of the Defendant, the dives of the upper part of the Defendant, and the dives of the upper part of the upper part of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D prepared by the police;

1. Records of seizure and list of seizure prepared by the police;

1. A report on investigation (Attachment to a CCTV-cape photograph) and a photograph of the CCTV-cape accompanied by such report;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the first offender, the fact agreed with the victim, the third grade intellectual disability and the fact that there has been a record of having received mental treatment due to the disorder in decentralization and wintering);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Probation under Article 62-2 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;