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(영문) 창원지방법원 통영지원 2015.07.09 2015고단116

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 30, 2014, around 00:45, the Defendant: (a) committed a dispute with D and the victim E (Nam, 18 years of age) in front of the Cudio in Tong-si; (b) the Defendant took the face of the victim E by drinking it; (c) the victim E satisfing the Defendant’s blick-ket ( approximately 21 cm in blade length, approximately 33 cm in total length) with a dangerous weapon, and used it in the body of the victim E with a knife ( approximately 21 cm in knife length, approximately 33 cm in knife in knife in knife in knife; and (d) continued to commit a assault with the victim E, with the victim F and 18 years of age, to stop the Defendant with the knife of the victim E.

As a result, the defendant carried a deadly weapon and inflicted injury on the victim E on the left side of the 14-day medical treatment, and the victim F with approximately 14-day medical treatment respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. The statement of each police officer made to F and G;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Application of the sentencing criteria;

(a) Sentence I (Habitual Injury, Bodi Bodily Injury, Bodily Injury and Special Injury) in the mitigation area (one year and six months to two years) (one year and six months) (special mitigation area) in the area of basic crimes and concurrent crimes (the scope of recommendation);

(b) The scope of final sentence due to the aggravation of multiple offenses: one year and six months to three years;

2. Determination of sentence: (a) full consideration of the following conditions and conditions of sentencing, including the Defendant’s age, character and conduct, environment, motive for committing a crime, and circumstances after committing a crime;