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(영문) 창원지방법원 통영지원 2014.08.08 2014고단206
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

Around 10:20 on January 20, 2014, the Defendant: (a) 10:20, at the front of the Defendant’s dwelling place in Madern C; (b) the victim D (53 years of age) who had engaged in steel-rein work franchising the Defendant’s house franchisium the Defendant’s house; and (c) d (53) franchising the Defendant’s house; (d) franchising the State’s tax; (e) franchis his house within the permission; (e) franchis franchis franchis; (e) franchis franchis franchis franchis fat; and (e) franchis franchis franchis fats franchis franchis fats fat; and (e) franchis fat fat fats fats fats.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness D and E each testimony;

1. Inquiries into the fact-finding report by the doctor of the protein hospital;

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 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 Act on the Suspension of Execution (i.e., repeated sentencing favorable to the defendant among the reasons for sentencing), the Defendant is recommended to be sentenced to one year and six months through two years and six months (see, e.g., recommendation for the mitigation area of the type of “special injury” (see, e.g., recognition of minor injury as a special mitigation element). The Defendant partially denies his/her criminal act, and the fact that he/she has been sentenced to a fine for violent crimes

However, it shall be considered that the injury of the victim is relatively minor, that the defendant deposited a certain amount for the victim, as the reasons for sentencing favorable to the defendant, and that the age of the defendant is other.

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