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(영문) 창원지방법원 통영지원 2014.12.11 2014고단874
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for two years.

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

At around 07:05 on September 9, 2014, the Defendant, at the residence of the victim D (Nam, 44 years of age) located in Tong Young-si, 2014, said victim D and the victim E (Nam, 40 years of age) and the inheritance of property, etc., the Defendant, who were the Defendant’s siblings, were in dispute, and, at the same time, “at the same time, he knows about how much he knows it is, brub and brub and frued.” At the same time, the Defendant, who was in dispute, was in the Defendant’s siblings, and was in conflict with the victim E, and continued to put the victim E to the above improvement.

As a result, the Defendant carried dangerous objects and inflicted injury on the victim D, such as the 1stma of the left-hand 4 weeks of treatment, the upper part of the 1stma, the upper part of the dynasium, the middle part of the dynasium, the opening of the

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Records of seizure and the list of seizure;

1. Photographs;

1. Application of the Medical Certificate (D) Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act (the occupation of inflicting an injury on carrying a dangerous object); Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 260 (1) of the Criminal Act (the occupation of assaulting carrying a dangerous object);

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. The crime of violation of the Punishment of Violences, etc. Act (a collective injury, deadly weapons, etc.) in the judgment on the grounds of sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Probation, etc. Act [the scope of recommending] types 1 of habitual injury, repeated injury, and special injury (a habitual injury, repeated injury, and special injury) (one year to six months) in the mitigation area (one year to two years) (a special mitigation period) (a special mitigation period).

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