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(영문) 창원지방법원 통영지원 2014.03.28 2013고단960
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On October 12, 2013, the Defendant: (a) around 00:35, at the house of the victim D (n, 50 years of age) located in Tong Young-si, on the ground that the victim, who had been dead by the Defendant and the Defendant, was in the house of another male, and (b) expressed the victim’s desire to singing “Chewing and opening”, and sing down the victim’s breath by drinking hand, and sing down the victim’s breath and head sing down by drinking breath; (c) around 20 times, the Defendant 10 times away from the floor of the living room; and (d) took the part of the vessel and bridge of the victim’s face, which was a deadly weapon (30 cm, 18 cm length) and brought about the victim’s face, and then brought about the victim’s escape and the victim’s bathing by increasing the victim’s faces.”

As a result, the Defendant carried a deadly weapon with a deadly weapon and carried it for about two weeks to receive treatment from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Police seizure records;

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. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);

1. According to the sentencing guidelines for sentencing under Article 62(1) of the Criminal Act (i.e., repeated sentencing favorable to the defendant among the reasons for sentencing) of the suspended sentence, the defendant is recommended to be sentenced to one year and six months through two years and six months (the recommendation of mitigation area of “special injury” (the recommendation of mitigation area of mitigation area of punishment as a special mitigation element)). It shall be taken into account that the defendant has the same criminal history against the defendant as an unfavorable sentencing factor

However, it shall be considered as sentencing factors favorable to the defendant that the victim does not want the punishment of the defendant, and that the defendant reflects his depth, and the age of the defendant.

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