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(영문) 창원지방법원 진주지원 2015.07.22 2015고단432
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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

1. On April 10, 2015, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) at the office of “E real estate” operated by the victim D D in the Hadong-gun C around 18:45 on April 10, 2015, and on the premise that the victim, who is divorced, associated with the Defendant’s his/her his/her his/her his/her his/her his/her his/her his/her father, she saw the victim as waiting with his/her his/her his/her his/her his/her his/

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

2. The Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.), at the time and place indicated in paragraph (1), and at the same time and place, carried kick, which is a dangerous object for the said reason, in the items of the victim D (the age of 43), 2-3 times spacing, and spacing with breaths of the victim by her hand, and her spacked with her

As a result, the defendant carried dangerous things and put the victim into a neck with which the number of days of treatment can not be known.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each photograph;

1. Application of existing Acts and subordinate statutes of one knife (No. 10cm in knife length, 13cm in height, 33cm in knife) seized knife;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 366 of the Criminal Act; Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act; Article 257 (1) of the Criminal Act (a person who inflicts bodily injury on a dangerous object), 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. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of sentence recommended according to the sentencing guidelines (decision of type) special injury (special mitigation) by violence is not subject to punishment (the scope of recommendation), imprisonment with prison labor for not less than one year and six months but not more than two years and six months (the result of multi-party crime processing standards) shall be sentenced to one year and six months.

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