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(영문) 창원지방법원 2015.04.14 2015고단213
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Criminal facts

On August 24, 2014, around 04:30, the Defendant: (a) talked about the victim E (the age of 33) and the age, and caused a dispute over the Defendant’s horse dumping on the ground of the Defendant’s horse dumping; (b) the Defendant saw the Defendant’s front seat of the F vehicle as hand and went to the victim; (c) the Defendant attempted to take the knife in the back seat of the Defendant’s F vehicle; and (d) the Defendant attempted to take the knife in the towing vehicle; and (d) the Defendant attempted to take the knife, which is a dangerous object in the said vehicle, carried out one time the Defendant’s left part.

As above, the Defendant carried a dangerous object, carried a camping net, and brought about approximately two weeks of medical treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis 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. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence [Scope of recommending punishment] : Type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury, Special Bodi Bodily Injury), the special mitigation area (9-2 months and six months), - Where the lower limit of punishment is modified to one year and six months, which is the lower limit of the applicable sentences under the law (including special mitigation), minor bodily injury (including serious efforts to recover damage), non-conformity with punishment (including serious efforts to recover damage), or considerable damage has been recovered (decision of sentence] imprisonment with prison labor for one year and six months, suspended sentence for three years (the first crime, reflective fact, reflective fact, agreed fact, etc.);

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