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(영문) 창원지방법원 통영지원 2015.12.17 2015고단1025
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

Defendant shall be punished by imprisonment for a term of 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

1. Around 23:40 on September 21, 2015, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) and the victim E (the age of 47) who was the same as a middle school from the Domina special subparagraph 1 room located in Tong Young-si C in Tong Young-si, a middle school, suffered bodily injury, such as a non-fluoral divetering, etc. for about three weeks, since the victim took the scam of the Defendant at one time and took the scam of the victim, and the victim took the scambling of the main disease, which was a dangerous thing on his/her table, to the face of the victim.

2. On September 22, 2015, the Defendant: (a) around 00:25, the Defendant: (b) was aware of the victim’s knife in his/her knife knife with his/her knife knife, with his/her knife and knife’s knife in his/her knife knife, knife his/her face; and (c) knife his/her knife with knife.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H, E, and I;

1. Written Statement;

1. Application of Acts and subordinate statutes of each photographic data, Ethic diagnosis report, and E/check;

1. Articles 3 (1) and 2 (1) 3 of the relevant Act on the Punishment of Violences, etc., Article 2 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, and Article 260 (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. Where a victim is fully responsible for the occurrence of a crime or the expansion of damage in the area of special mitigation (i.e., September to February) (i., the area of special mitigation) (i.e., the occurrence of a crime or the expansion of damage) and where damage has been restored to a considerable part of the grounds for sentencing under Article 62(1) of the Criminal Act (ii) of the suspended sentence, the second crime (the scope of recommending punishment).

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