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(영문) 창원지방법원 통영지원 2015.07.15 2015고단394
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

Criminal facts

On April 2, 2015, the Defendant: (a) around 01:30 on April 2, 2015, the Defendant: (b) 501 of the C Building 501, which was a deadly weapon of the kitchen (the total length of 31cm, 18.5cm) and threatened the victims on the ground that the victims, who were regular workers, were living together with the victims D (the age of 34) and E (the age of 28) were disregarding themselves as contract workers.

Accordingly, when the victims were deprived of their arms and prevented themselves, the Defendant displayed the knife that kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A written diagnosis of injury;

1. Each report on investigation;

1. A written agreement;

1. On-site photographs, damaged photographs, and blood trace photographs;

1. Application of the existing Acts and subordinate statutes of subparagraph 1 (k) of seized evidence;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act;

1. A person who is not subject to a punishment in the mitigated area (one year and six months to two years) (one year and six months) (a year and two years and six months) of the mitigated area (a year and six months), according to the sentencing guidelines, of the punishment according to the range of recommendation [the range of recommendation] according to the sentencing guidelines;

2. Determination of sentence - Determination of an unfavorable condition: A record of having been sentenced to a fine for the same kind of injury, using a knife, a lethal weapon, to the victims;

(k) favorable circumstances: The degree of injury of the victims is relatively relatively less light, the fact that all the victims agreed with, the fact that it appears to be a contingent crime, and reflects it;

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