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(영문) 창원지방법원 통영지원 2015.05.22 2015고단85
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for a period of two years from the date this judgment became final.

Reasons

Punishment of the crime

Around 18:00 on September 7, 2014, the Defendant collected the son’s disease, which is a dangerous object from the victim’s body, on the ground that, at the Defendant’s mother’s place of residence in smuggling, the Defendant was drinking alcohol with the Defendant’s wife D and typeed victim E (the age of 55) and the victim’s body E (the age of 55) in a manner that she did not arrive at, and attempted to return to her house because she did not know about how much the victim arrived, the Defendant tried to resist the said D and the victim’s body fighting and the victim would be “the victim would be the same vise............” The Defendant collected the son’s disease, which was a dangerous object from the Republic of Korea, and set off once the part of the victim’s body, and told the victim “the victim would be dead.”

As a result, the defendant puts up the head cover of the victim with approximately two weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the interrogation records of the accused by the prosecution;

1. Examination protocol of police suspect regarding D;

1. Statement to E by the police;

1. Each report on investigation;

1. Application of Acts and subordinate statutes of injury diagnosis certificates and photographs;

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 (Consideration of sentencing)

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of recommended sentences according to the sentencing criteria - The area of mitigation (one year to half year) - Special mitigation: Minor injury; and

2. The punishment shall be determined as ordered in consideration of the overall sentencing conditions, such as the fact that the person to be mitigated in the sentence is against the defendant and the defendant, the age, character and conduct, the circumstances of the crime, the circumstances after the crime (the fact that the victim wants the punishment of the defendant without agreement with the victim) and the criminal record (the fact that there is no criminal record of the same kind), etc.

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