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(영문) 창원지방법원 통영지원 2014.11.27 2014고단945

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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

1. Around October 21, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective injury by deadly weapons, etc.) expressed the victim’s intent to refuse his/her proposal, and the victim refuses his/her own proposal, and “I am fright, whether I am fright, I am fright, and am fright,” and “I am fright, I am am fright, I am amfe, I am amfe, I am amfe, I amfe, I amfe, I amfe, I amfe, I am amfe, I amfe, I amfe, and I am amfe, I amfe, I amfe, I amfe, I am at the victim’s head

2. The Defendant assaulted the victim’s face by drinking alone on the ground that the victim E (the 65-year-old age) of the said D was flick at the same date, time, and at a place as described in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. On-site and photographs of damage;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 3 (1) and 2 (1) 3 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes, Article 257 (1) of the Criminal Act (the point of inflicting bodily injury on a dangerous object), and Article 260 (1) of the Criminal Act (the point of assault and the choice of imprisonment with labor);

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the sum of the long-term punishments of the above two crimes)

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( Taking into account the circumstances favorable to the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. The mitigated area (one year and six months to two years and six months) (special mitigation) of Article 62-2(1) and the mitigated area (one year and six months from June to two years) of the Punishment of Violences, etc. Act (a person who has been specially mitigated) in violation of the Punishment of Violences, etc. Act (a person who has been punished by recommendation), based on the grounds for sentencing in the proviso to Article 62-2(2) of the Criminal Act;