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(영문) 창원지방법원 2015.05.13 2015고단64
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

except that 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

At around 22:40 on December 1, 2014, the Defendant, while drinking alcohol together with the above victim D(38 years of age) E, her residence, she returned to the victim out of the locking time. However, the Defendant opened the door after opening the door after opening the door, on the ground that the Defendant was at the front time of the victim D(38 years of age), which is a dangerous object in the room of the room, on the part of the Defendant, on the head of the victim, and on the ground that the Defendant was at the front time of drinking, on the ground that the Defendant was at the front time of the victim D(38 years of age), the Defendant sawd two parts of the number of days of treatment, such as leaving the door on one occasion on the head of the victim, threatening the victim by collecting excessive knife, which is a dangerous object, and threatening the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning suspect examination of D;

1. Application of the Acts and subordinate statutes governing injury photographs;

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. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The range of recommendation [Scope of recommendation] the area to be mitigated (one year and six months to two years) (one year and six months), the area to be mitigated (one year and six months to six months), the area to be mitigated (a special mitigation) of Type 1 (Habitual Injury, Bodily Injury, Bodily Injury and Special Injury);

2. The crime of this case committed by the Defendant, which is a dangerous thing, is a small-scale disease of the Defendant, resulting in leaving the victim’s head and threatening the victim with excessive knife, and the nature of the crime is not good.

However, the defendant's perception of the crime of this case and reflects the mistake; the victim's misunderstanding of the defendant, thereby causing the crime of this case by accident, resulting in a defect in the end of the crime of this case; the victim does not want punishment against the defendant; and the defendant is suspended from execution of the same kind of crime.

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