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(영문) 창원지방법원 진주지원 2015.09.15 2015고단692
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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

At around 01:00 on May 23, 2015, the Defendant thought that the victim C(33 years of age) was attached to the water supply warehouse located in Jinju-dong, Jinju-si, Jinnam-si, that he would be fighting the Defendant D. The Defendant carried the breath of the victim’s bomb by hand, and carried the victim’s bomb with his hand, which is dangerous goods in the air conditioners, the victim’s bombs (20cm in length): the bombs (20cm in length) were cut off at one time, and the head part of the victim’s head was cut off on the shoulder part of the victim’s bomb, which was loaded above the entrance of the above warehouse, and caused two heats where the victim could not know the days of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of each photograph, each of the Acts and subordinate statutes reporting on investigation;

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

1. The range of the recommended sentences according to the sentencing guidelines [decision of types] the range of the recommended sentences [the range of punishment] shall be limited to the category 1 (Habitual Injury, Bodi Bodily Injury, Bodily Injury and Bodily Injury] (the range of recommending sentences] the penalty not to be imposed (the factors to be mitigated] (the range of recommending sentences] from June to June 2;

2. In light of the fact that the Defendant, who was sentenced to punishment several times as a crime related to violence, committed the instant crime even though he/she had the history of punishment, and that the form of the instant crime is very dangerous and the injury suffered by the victim is not mitigated, the Defendant’s liability for the crime is not minor.

However, the fact that the defendant was committed in the course of committing the crime of this case, that the victim does not wish to punish the defendant, and that it exceeds the fine for not less than 20 years.

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