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(영문) 창원지방법원 2015.07.01 2015고단597
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 13, 2014, the Defendant: (a) around 18:35, the 4th floor of the Danhae-si Hospital located in Kimhae-si, Kimhae-si, which was hospitalized due to alcohol respect; (b) on the ground that the victim E (the 56-year age) who is the guardian of the above hospital, referred the Defendant to other patients a fine, declared the victim’s face on drinking; and (c) on the ground that the victim E (the 56-year age) was defeasible to other patients, the Defendant inflicted an injury to the victim’s body part of the knife (the 5.5cm), which is a dangerous object, for

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and F;

1. Application of Acts and subordinate statutes of a medical 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [Scope of Recommendation] The mitigated area (i.e., habitual injury, repeated injury, repeated crime, and special injury) [i.e., one year and six months to six months] (i., one year and six months) of the mitigated area (i.e., one year and six months) [Special Mitigation] (i.e., the decision of sentence] of the mitigated area (i., the degree of damage of the victim is dangerous, and the degree of damage of the victim is minor, but the defendant agreed smoothly with the victim, the fact that there is no history that the defendant has been punished for the same kind of crime after 200, the defendant has no history of being punished for the same crime, the background of the crime of this case, the age, health conditions, environment, etc.

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