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(영문) 창원지방법원 거창지원 2012.11.14 2012고단399
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

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

A ker blade (No. 1) seized shall be confiscated.

Reasons

Punishment of the crime

[Criminal Power] The Defendant is a person who was sentenced to a suspended sentence of three years in March 24, 201 and is currently under the suspended sentence, after being sentenced to a suspended sentence of three years in March 24, 2011, due to a violation of the Punishment of Violences, etc. Act (a deadly weapon, etc.) in the Changwon District Court's branch support on March 16, 201.

【Criminal Facts】

1. Around August 22, 2012, the Defendant, in violation of the Punishment of Violence, etc. Act (collective intimidation) committed a crupted weapon (16cm in total length, 7.5cm in length, 7.5cm in length) with a crupted weapon, which was in possession of a crush, solely on the ground that the Defendant was fluent with the victim D (the age of 42) (the age of cru) who was frighted on the road in front of the Gyeongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Seoul, and then threatened the victim several times as a crush.

2. 폭력행위등처벌에관한법률위반(집단흉기등상해) 피고인은 같은 날 21:16경 경남 거창군 E파출소 앞에서 피해자를 향해 재차 맥가이버 칼을 1회 휘둘러 이에 깜짝 놀란 피해자로 하여금 이를 피하면서 그곳에 있던 대리석에 좌측 발가락을 부딪히게 하여 피해자에게 약 6주간의 치료를 요하는 좌측 모족지개방성골절상을 가하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Seizure records and each investigation report;

1. The application of Acts and subordinate statutes to inquiry reports and investigation reports (report accompanied by suspended sentence of imprisonment);

1. Articles 3 (1), 2 (1) 1, 283 (1) (a) and 283 (1) of the Act on the Punishment of Violences, etc. against Criminal Crimes, Articles 3 (1) and 2 (1) 3 of the same Act, Article 257 (1) of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The scope of punishment by sentence: Imprisonment for not less than one year and six months but not more than two years and not more than six months;

2. The sentencing criteria; and

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