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(영문) 창원지방법원 2013.08.30 2013고단1814
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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 was detained as a special larceny by the Defendant’s wife C (here, 15 years of age) who was detained as his or her father, and went out without being able to leave without being able to get the juvenile protective disposition even during his or her probation period, and discovered and tending the victim D (here, 13 years of age) who was sexually born, and was able to find out that he or she was in his or her house, and the above C was able to grow up, and

1. Around 08:10 on March 21, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective injury, etc.), at the home of the Defendant located in Jinhae-si E, Changwon-si, the Defendant inflicted an injury on the victim C, such as cerebrs, which requires approximately two weeks of medical treatment, by taking the victim’s head and head and head, and sculping back the victim’s head and sculping the victim’s head, and taking back his/her hand and sculp, which are a deadly weapon, by taking the victim’s head into consideration.

2. The Defendant, following the assault, assaulted the victim D, who was living in a bed ward, was blicked by the said C, coming from the room in which the kitchen knick is to be taken by cutting the kitchen, or the victim D, who was living in the bed ward, in his/her hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Each statement of D and C;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act, and Article 260 (1) of the Criminal Act (the point of violence and the choice of imprisonment with labor);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the lowest of the punishment shall be the sum of the long-term punishments for two crimes, while the minimum of the punishment shall be the penalty stipulated for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons,

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act (see the reasons for sentencing below) is the primary offender, the circumstances leading the Defendant to each of the crimes of this case, the relationship between the Defendant and the victims, and the victims.

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