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(영문) 창원지방법원 거창지원 2014.07.09 2014고단96
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

Punishment of the crime

On March 6, 2014, at around 22:00, the Defendant expressed to the victim D (the 22 years of age) (the son), who is a succeeding ship, the Defendant expressed to the victim D (the 22 years of age), that he would not be superior to the victim under the influence of alcohol, on the ground that the victim was able to take care of, and take care of, the breath, the breath’s face, and breath’s disease (360 meters of her face) which is a dangerous object, and b-3 times the victim’s left face part was inflicted on the victim’s breath’s brain, etc. without an open wife for about 3 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of D or E;

1. Application of Acts and subordinate statutes to each investigation report (as to attachment of photographs on the spot and the victim's body, as to attachment of a diagnosis report);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment: Imprisonment with prison labor for not less than one year and not more than six months but not more than fifteen years;

2. Reduction area (one year and six months to two years) (one year and six months) of the mitigated area (one year and six months to six months) of the sentence of recommendation according to the sentencing guidelines (the range of recommendation), the range of punishment for habitual injury, repeated injury, and special injury (the habitual injury, repeated injury and special injury) of the person concerned;

3. In light of the fact that the degree of the injury suffered by the victim who was sentenced to the sentence is not easy, that may be much more severe than that of the victim, and that the defendant had a criminal record of the same kind of crime, the defendant should be punished strictly. However, all of the crimes of this case are led to the confession of the defendant, that the victim does not want the punishment of the defendant by mutual consent with the victim, etc., and all of the other factors of sentencing are considered.

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