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(영문) 창원지방법원 밀양지원 2014.05.01 2013고단662

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The defendant is a space between the victim C (n, 86 years of age) and D, which is the child of the victim C.

Around 20:10 on October 27, 2013, the Defendant was under the influence of alcohol at the victim's house in Syang-si, Syang-si, the Defendant 20:10, and in this way, the Defendant took the victim's face with her seat, and her seated the victim, without any reason, with a dangerous object like 30cm (total length, 30cm, 8cm in length), and then threatened the victim with "whether she has become aware of her old age, why she has her knife, her knife, knife, so that the victim's head can knife the victim's face, her knife with knife, and knife the victim's right side with knife and knife the victim's eye that requires approximately three weeks of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Reports on internal investigation and investigation reports;

1. Application of Acts and subordinate statutes of the injury diagnosis 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act (including the fact that there are many records of fines for the same kind to the defendant, and the number of crimes in this case is dangerous, but the defendant is against his/her own mistake,

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