beta
(영문) 창원지방법원 거창지원 2015.11.18 2015고단247

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at around 19:00 on July 14, 2015, brought a dispute with the victim D (the age of 67) on the ground that the Defendant said that “the Defendant’s children did not work properly as the Saemaul leader and did not properly personnel the village residents,” while the C community hall located in the G community center located in the G community center in the G community center in the G community center in the G community center in the Gannam Development-gun.”

After that, at around 19:50 on the same day, the Defendant, at around 19:50 on the same day, sustained the victim's left chest part of the victim's knife knife knife knife knife knife knife (23.5cm in total length, 10.5cm in knife knife knife knife knife knife knife knife knife knife).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Statement of seizure of each police;

1. Report on the results of field identification, and on-site identification photographs;

1. Each written request for appraisal;

1. Application of Acts and subordinate statutes to each investigation report (as to the submission of victim's DNA clothes, as to the attachment of victim's DNA damaged photographs, and as to the attachment of victim's DNA injury diagnosis reports);

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 mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Probation and community service order under Article 62-2 of the Criminal Act;

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

1. Aggravationd elements (two to four years of imprisonment) in the basic area (two years from one year to four years of imprisonment) of category 1 (Habitual Injury, Bodily Injury, Bodily Injury, Special Injury) (limited to the range of recommending punishment) of the punishment according to the sentencing guidelines: Neither the serious injury nor the mitigated elements: Neither the penalty;

2. The age, character and conduct of the defendant in the following circumstances: