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(영문) 창원지방법원 통영지원 2013.12.20 2013고단848
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 three years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant and the victim C(33 years of age) are between D, which is a cooperation company of the Daewoo Shipbuilding Marine Co., Ltd., and the workplace rent for each pipeline hole.

On June 12, 2013, at around 05:00, the Defendant confirmed that the victim was unable to properly manage operating expenses as the team secretary in the above D accommodation (C) room located in Sanam City, around 05:0 on June 12, 2013, the Defendant met the victim under the influence of alcohol, and led the victim to the answer that the victim did not fault, and she saw the victim, she formed fela, with approximately 24cm in total length, 12cm in daily length ( approximately 23.5cm in total length, 12.5cm in daily length) and one fishing knife ( approximately 23.5cm in total length, 12.5cm in daily length) as well as one fishing knife in the victim’s left side and outside of the buckbuck.

As a result, the Defendant carried excessive and fishing knife, which are dangerous things, and carried them with the victim's number of days of treatment, put the left side buckbucks into the door.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. On the spot, victims, and photographs of seized articles;

1. Application of Acts and subordinate statutes on police seizure records;

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 mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act (The following factors for sentencing have been repeatedly taken into consideration for the defendant);

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. According to the sentencing guidelines for sentencing under Article 48(1)1 of the Confiscation Criminal Act, the defendant is recommended to be sentenced to one year and six months through two years and six months (the recommendation for the mitigation area of “special injury” type (the recommendation for the mitigation area of punishment as a special mitigation factor)). The normal consideration of the defendant’s knife by using a knife is considered to be disadvantageous to the defendant.

However, it is favorable to the defendant that the victim does not want the punishment of the defendant but want the wife, and that the defendant reflects his gender.

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