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(영문) 창원지방법원 2015.11.26 2015고단2181
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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 11:20 on May 18, 2015, the Defendant: (a) brought a dispute with the victim D (year 55) who performed drinking together in the house of the first floor of Changwon-si, Changwon-si; and (b) brought the victim E (year 55) one time to the head of the victim's head; (c) the victim E (year 55) was the victim's head to the urrier's disease.

In this respect, the defendant carried dangerous articles and carried them with a head's blood state where the number of days of treatment can not be known to the victims.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. A protocol of examination of part of the defendant by prosecution;

1. E prosecutorial statement;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Article 62 (1) of the Criminal Act;

1. The scope of the final sentence according to the reduction area (16 to 2 months), the reduction area (1), the reduction area (1) of category I (1) (1) (the scope of recommendation), the basic area (2-4 years) of habitual injury, repeated injury, and special injury (2-year) (2-year) (the scope of recommendation), and the reduction area (1-6 months and 1-6 months) of habitual injury, repeated crime injury, special injury (1-6 months), the reduction area (1-6 months and 1-6 months), and the reduction area of punishment: The final sentence due to the aggravation of punishment: 2-5 years and 3 months [2-5 months] of the defendant's death (the determination of sentence] of this case where the victim's head is the main of the victim's disease as the main disease), and thus causing a large quantity of transfusion, the crime is not easy since there is no previous violence and any agreement with the victim E (victim).

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