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(영문) 창원지방법원 진주지원 2015.09.22 2015고단644
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

On April 14, 2015, at around 00:50, the Defendant 107, 1305, the son of the Defendant, was carrying alcohol together with the victim D (year 56), E, and F, who was the husband of the Defendant. On April 14, 2015, the Defendant put the victim’s chest in an open upper part of the chest wall that needs approximately two weeks of medical treatment to the victim, with a food knife (29cm in total length, 17cm in length in knife) which is a dangerous object, as a suspicion of the non-wheeled relationship between the victim and E.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police with regard to F and D;

1. A medical certificate;

1. A report on dispatch to the scene of a violent incident, a report on 112 reported cases, a report on internal affairs, a appendix of photographs, such as site, and photographs, a description of photograph of the victim at the hospital, and a photographic description of the victim;

1. Application of the existing Acts and subordinate statutes of one knife knife knife knife knife (29 cm in total length, 17 cm in blade);

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 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, domestic violence is committed against the defendant when committing the crime of this case. The defendant does not wish to punish the defendant, and the defendant is domestic violence from the victim.

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