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(영문) 창원지방법원 거창지원 2014.06.25 2014고단119
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was aware of the relationship between the victim B (the age of 45) and the social ship that came to know while doing work at the construction site of about 10 years prior to the death of the Defendant, and the victim was found to drink as the Defendant’s house in Gyeong-gun C in Gyeongnam-gun, Chungcheongnam-gun.

At around 18:00 on December 19, 2013, the Defendant: (a) returned the money that the victim B (the age of 45) lent to the Defendant; (b) took a bath to the Defendant; (c) took a fluorous cup, such as spiting, spiting, etc. on the part of the Defendant; and (d) took a fluoral fluor, a dangerous object (the total length of 20cm, the daily length of 10cm) fluoring on the part of the victim; and (b) fluoring the part of the victim’s shoulder fluoring with the left hand, and fluoring the part of the victim’s shoulder retail fluoring the victim’s face in the process of spreading it. The Defendant fluoring the part of the victim’s face fluoring the above excessive fluoring on the face of the victim.

As a result, the defendant carried dangerous articles and inflicted bodily injury on the victim, such as each of the stale, stale, and tear, which are not accompanied by the escape of an unknown organization in treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Application of the Acts and subordinate statutes to each investigation report (related to attachment of photographs of a pan-driving tool);

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 shall be considered in favor of the reasons for sentencing):

1. Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment: Imprisonment for not less than one year and not less than six months;

2. The range of recommendations according to the sentencing guidelines [the range of recommendations] shall be the category 1 (Habitual Injury, Bodily Injury, Bodily Injury and Special Injury) (the range of recommendations] of habitual injury, repeated injury, and special injury.

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