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(영문) 창원지방법원 2015.06.03 2014고단3528
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 06:30 on October 10, 2014, the Defendant argued the problem such as the damage D(23 years of age) and credit cards, etc. in the window C apartment of Changwon-si, Changwon-si, 106, 1303, and 1303, the Defendant used a knife type (31cm in length, 18.5cm in length) with a deadly weapon at the kitchen to die and die himself. On the other hand, the Defendant took a knife a knife with a knife of the victim who flife the knife to the victim, and flifeed his knife the victim, and flifeed his knife with his knife on the left side of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes on 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. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The range of recommendation [Scope of recommendation] the area to be mitigated (one year and six months to two years) (one year and six months), the area to be mitigated (one year and six months to six months), the area to be mitigated (a special mitigation) of Type 1 (Habitual Injury, Bodily Injury, Bodily Injury and Special Injury);

2. The Defendant, who decided on the sentence, inflicted an injury on the body, such as the kniver knife and the arms, which are dangerous articles, to the person who tried to self-harm. In light of the circumstances and risk of the instant crime, the nature of the crime is not good.

However, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's time to commit the crime of this case, the victim does not want punishment against the defendant, favorable circumstances such as the first offender, etc., the defendant's age, character and conduct, relation to the victim, motive, means and consequence of the crime, the circumstances after the crime, etc., and the recommended sentencing guidelines for the Supreme Court.

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