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(영문) 창원지방법원 통영지원 2014.12.04 2014고단942
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

The defendant is between the victim C(n, 50) and the victim C(n, 50) in 200, and the wife is currently in a divorce lawsuit with the wife, and the victim D(n, South and 51) is the subject of the above C.

On June 21, 2014, the Defendant: (a) asked the victim C to talk with another male; (b) around 11:10 on the same day, the Defendant saw the victim at the Felel parking lot located in Tong-si, Yan-si, Yan-si, and discovered the victims at the Felel e.g., a dangerous object (46 cm in total length, 3 cm in diameter) to the victim C; (c) once the victim D faces the victim’s face to the said wooden e.g., the victim C’s head, arms, and bridge part were sent to the said wooden e.g., the victim C’s head, and arms.

As a result, the defendant carried dangerous articles and carried them for about 14 days to the victim C, suffered injury to the left-hand side in need of medical treatment, and caused the victim D with a multi-facecopic heat and a bid for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Report of investigation (Attachment of photographs of victims, etc.);

1. Application of Acts and subordinate statutes of a medical certificate (C), an injury medical certificate (D);

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( Taking into account the circumstances favorable to the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Crimes in violation of the Punishment of Violences, etc. Act (a collective injury, etc. with deadly weapons, etc.) on the grounds of sentencing in Article 62-2(1) and (2) of the Probation Criminal Act [the scope of recommending] types 1 (Habitual injury, repeated injury, repeated injury, special injury) (i.e., special mitigation period between January and June 2), mitigation area (i.e., special mitigation period) (i., special mitigation period) (i.e., special mitigation period).

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