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(영문) 창원지방법원 통영지원 2015.06.12 2015고단150
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On January 6, 2015, the Defendant: (a) around 19:54, 19:54, at the time of the Defendant’s residence, C Apartment operation 415, the following floored below the Defendant’s residence, caused noise while inside repair; (b) on the hand, knife knife knife ( approximately 32 cm in total length, approximately 21 cm in length) which is a dangerous object in the Defendant’s residence; (c) found the victim’s residence in the above knife, knife the knife in that knife, and knife the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knifs the victim’s face; and (d.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each report on investigation;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances among the reasons for sentencing below);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommendations according to the sentencing guidelines - Type 1 (Habitual Injury, Bodi Bodily Injury, Bodily Injury and Special Bodily Injury) shall be mitigated (one year and six months to two years and six months) - Special mitigations: A person not subject to punishment;

2. Determination of the sentence shall be made in the same manner as the order for sentencing, taking into consideration various sentencing conditions, such as the fact that the defendant is against whom the determination of the sentence is made, his age, character and conduct, motive for committing an offense, means and result (the degree of injury is not severe) and his previous offense (the fact that he has no record of punishment

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