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(영문) 창원지방법원 통영지원 2013.09.05 2013고단452
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 3 years from the date of the conclusion of the judgment.

Reasons

Punishment of the crime

The defendant is a person engaged in the mining farming business, the victim C (53 years of age) is a person engaged in the consortium manufacturing business, and the defendant and the victim are in a business relationship.

At around 22:30 on April 1, 2013, the Defendant: (a) had her fluencing a dispute with the victim by drinking the victim with his her fluencing fluencing at E stores located in Tong Young-si; (b) had her fluencing her fluencing disease, which was a dangerous object on the table of Blue B; and (c) had her fluencing her head on one occasion; (d) had her fluencing her head on one occasion; and (e) had been inflicted an injury on the victim,

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Application of Acts and subordinate statutes of a medical 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. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);

1. According to the sentencing guidelines for sentencing under Article 62(1) of the Criminal Act (i.e., repeated sentencing favorable to the defendant among the reasons for sentencing), one year and six months through two years and six months are recommended to be sentenced to imprisonment for the defendant (see, e.g., recommendation for the mitigation area of the type of “special injury” (see, e.g., recommendation for the mitigation area of the type of crime). Considering the fact that the victim does not want the punishment of the defendant; considering the fact that the defendant is in depth and reflects the defendant’s depth favorable circumstances favorable to the defendant; and determining the same sentence as the order

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