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(영문) 창원지방법원 통영지원 2013.11.26 2013고단801
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

At around 20:30 on September 4, 2013, the Defendant thought that the victim D(52 years of age) was winded with other women. The Defendant, at the point of “C” located in Sast City B at Sast on September 4, 2013, she was able to fit the victim’s shoulder and head.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (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. According to the sentencing guidelines for sentencing under Article 62(1) of the Criminal Act (i.e., repeated sentencing favorable to the defendant among the reasons for sentencing), the Defendant is recommended to be sentenced to four months to one year and two months (see, e.g., recommendation to reduce the type of “special assault” (see, e.g., “non-permission to punish”)). It shall be considered that the Defendant has the criminal records of punishment sentenced to a fine due to violent crimes.

However, it shall be considered that the victim does not want the punishment of the defendant and that there is no criminal record of imprisonment without prison labor or more severe punishment for the defendant.

Other grounds for sentencing, such as the defendant's age, family relations, criminal motive, etc., shall be determined in the same manner as the disposition.

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