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(영문) 창원지방법원 2015.09.09 2015고단903
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 19, 2015, the Defendant: (a) around 22:40, at Changwon-si's window C apartment 406 Dong 403, the Defendant, while under the influence of alcohol, had a dispute with the victim D (the age of 53) living south of the Defendant living together; (b) knife a knife of about 18 cm in length, which is a dangerous thing that the Defendant had been living together with the Defendant; (c) had the knife the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

As a result, the defendant carried a dangerous knife that is a dangerous thing and carried a knife or a part of the shoulder where the number of days of treatment can not be known to the victim.

Summary of Evidence

1. Legal statement of witness D;

1. Examination protocol of police suspect regarding D;

1. Police seizure records;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of suspect DNA 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. The reason for the sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] Special Injury (Habitual Injury, Bodi Bodily Injury and Special Bodily Injury) [Special Mitigation] mitigated area (one year and six months through two years and six months)] [Special Mitigation] Punishment and Non-Pronouncement of Punishment (Pronouncement Decision] dangerous; Defendant was sentenced to the suspended sentence on July 12, 2013; Defendant committed the instant crime during the suspended sentence period due to a violation of the Road Traffic Act (MA) and a minor abduction; Defendant was sentenced to the suspended sentence on July 12, 2013; Defendant was sentenced to the suspended sentence and committed the instant crime during the suspended sentence period; Defendant was punished for obstruction of the performance of his/her duties on one occasion during the suspended sentence period. In light

However, the victim does not want the punishment of the defendant in consultation with the victim.

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