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(영문) 창원지방법원 거창지원 2014.08.13 2014고단159
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

except that 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 23, 2014, at around 22:20, the Defendant, at his agency located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and around 22:20 on April 23, 2014, caused the Defendant’s injury to the Victim D (the age of 45) by using a deadly weapon on the table table (13cm length: 13cm) with a deadly weapon on the table table, and threatening the Victim as if he had a flash with a flab, thereby provokinging the flab of the Victim for 20-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (to attach internal structure of an agency and photographs of deadly weapons);

1. Application of Acts and subordinate statutes attached to written diagnosis;

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 mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (contributable circumstances, such as the fact that the person is in a confession, the first offender, and the fact that the person has agreed with the victim);

1. Where the reason (Scope of recommending punishment) for sentencing under Article 62 (1) of the Criminal Act (including repeated circumstances favorable to the above), the mitigation area (one year and six months through two years and six months), the penalty not (including advanced efforts for recovery of damage), or considerable partial damage has been mitigated, in the mitigated area (one year and six months through six months), or the reason for sentencing under Article 62 (1) of the Criminal Act (the scope of recommending punishment);

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