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(영문) 창원지방법원 2015.09.03 2015고단1948
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 three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On July 18, 2015, at around 09:50 on July 18, 2015, the Defendant discovered that the victim F (the age of 42) was standing in the opposite on the street while under stress due to noise around ordinary places of view, etc., of the E building 403, which is the dwelling of the Defendant located in Jin-gu, Jin-si, Changwon-si, Jin-si, the Defendant was under a stop.

Therefore, the Defendant, using gas stamps in the above residential area, citing smelling water containing hot water after hacking heavy water, and applied hot water to the victim who was seated in the driver’s seat of the above cargo, which is a dangerous object, to the victim, for about four weeks of medical treatment (the degree of dubity 2).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Seizure records;

1. A medical certificate;

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

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

1. Reasons for the sentencing of Article 48 (1) of the Confiscation Criminal Act / [Scope of the punishment of recommendation] Where the mitigated area (one year and six months to six months), the mitigated area (including special mitigation), the mitigated area (one year and six months to six months), the punishment not (including serious efforts to recover damage), or considerable damage has been recovered (the decision to punish a sentence] one year and six months, the suspended execution of three years (the agreed point, the first crime, the detention of a considerable period, and the situation where the person appears to go against the person's life)

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