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(영문) 창원지방법원 마산지원 2014.11.12 2014고단888

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

Reasons

Punishment of the crime

On March 20, 2013, the Defendant was sentenced to three years of imprisonment with prison labor for one year for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Retaliatory Crimes, etc.) in the Changwon District Court’s M&D branch on March 20, 2013, and the said judgment became final and conclusive on October 26, 2013 and has the same record of force in the current period of suspension

On November 6, 2013, the Defendant: (a) around 01:40, around 01:0, around 30, 2013, sent the victim’s head, 2 weeks of treatment, and 3:40, within the D main points in Changwon-si, Masan-si, Masan-si, and 304; (b) at the night, the victim E (48 years of age) took a bath by telephone; and (c) the victim E (48 years of age) took a dangerous object at the night, and her head, and she

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Application of Acts and subordinate statutes on appraisal and commission (E);

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 257 (1) of the Criminal Act;

1. Reasons for sentencing [the range of recommending punishment] under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation [the scope of recommending punishment] under Type I (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury, Bodi Bodi Bodi Bodi Bodi Bodily Injury, Special Bodi Bodi Bodi Bodi Bodi Bodily Injury) ( September-2) (Special Mitigation Zone] [the special mitigation Zone]] (the decision not to punish the victim [the decision not to punish] imprisonment with prison labor and one year and six months (one year and six months (one year and six months) (one year and six months