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(영문) 창원지방법원 2016.04.06 2015고단2145
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 24, 2015, at around 22:50, the Defendant damaged the victim’s property at D main points operated by the victim C with the fourth floor of the building B in the window B, Changwon-si, 2015, with the knife that the victim did not receive his/her own telephone as well as the knife the victim’s knife and knife the victim’s knife, and the victim’s knife the victim’s hife, and the victim’s hife the victim’s hife.

2. In the above time, place, and the victim E (50) met the Defendant’s act as seen above, the Defendant: (a) boomed the Victim E (50) as bad; (b) boomed the Victim’s head by hand; (c) boomed the Victim’s head; and (d) boomed the Victim’s right side, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police for C and E;

1. A written diagnosis of injury;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Articles 258-2(1), 257(1) (a) and 366 of the Criminal Act concerning the choice of punishment, and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the crime of this case on the grounds of sentencing under Article 62(1) of the suspended sentence is committed with dangerous articles, and thus, the nature of the crime is not less than that of the victim, but the defendant has been punished several times as violent crimes, but all of the victims have agreed to do so, and the extent of the injury is minor, and all of the sentencing conditions, including the defendant's age, sex, sex, environment, occupation and experience, family relation, injured side, relationship with the victim, circumstances after the crime, etc., shall be determined

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