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(영문) 창원지방법원 2015.06.24 2015고단185
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

However, 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

At around 19:30 on December 31, 2014, the Defendant suffered bodily injury, such as two heats, etc., where the victim C(50 years of age) and C were talked about the company's day, complaints, etc. while drinking the victim C(50 years of age) and drinking, the Defendant had a deadly weapon in the inside part of the inside part(20cc in total length, 10.5cm in the knive length, 10.5cm in the knive length).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Police seizure records;

1. Investigation report (Confirmation of the victim's upper part);

1. A medical certificate;

1. Application of field photographs, suspect photographs, seized objects photographs, and on-site photographs and statutes;

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

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

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [Scope of Recommendation] : (a) category 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury, Bodi Bodily Injury) (1 year and June 2 year and June) (1 year and June 2) in the mitigation area (Special Bodi Bodi Bodily Injury, Bodi Bodily Injury), (2) [Special Mitigation] in the sentence] is against the defendant's mistake; (b) the defendant has no specific criminal power except for the punishment imposed several times by a fine before 202; and (c) the defendant has agreed with the victim, taking into account all the relevant sentencing

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