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(영문) 창원지방법원 진주지원 2015.12.15 2015고단1001
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

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

At around 21:00 on June 25, 2015, the Defendant: (a) carried out a dispute with the victim E (the age of 55) that was not good for ordinary monetary issues; (b) and (c) brought an injury to the victim during a short period of three weeks (less than 30 minutes) in line with the part of the victim’s left side; (c) brought about a dangerous object on the table; and (d) caused the victim to undergo approximately a short period of three weeks medical treatment (less than 30 minutes) loss; and (d) caused the injury to the victim, such as the brain-dead sugar, snow grass, and open wound around the eye, which had no two open wound.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A medical certificate of injury, medical table, and investigation report (to listen to a telephone statement of an intention to issue an injury medical certificate);

1. Application of the Acts and subordinate statutes to the classical photo;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The range of the recommended sentences according to the sentencing guidelines [decision of types] the range of the recommended sentences [the range of punishment] shall be limited to the category 1 (Habitual Injury, Bodi Bodily Injury, Bodily Injury and Bodily Injury] (the range of recommending sentences] the penalty not to be imposed (the factors to be mitigated] (the range of recommending sentences] from June to June 2;

2. In light of the fact that the Defendant, who has been sentenced to punishment several times as a crime related to violence, committed the instant crime, and that the form of the instant crime is very dangerous, as well as that of the injury inflicted on the victim, etc., the Defendant’s liability for the crime is not easy.

However, the defendant was punished by a fine for an injury in around 2006, because the defendant was committed against himself, that the victim did not wish to punish the defendant by mutual consent with the victim.

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