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(영문) 창원지방법원 마산지원 2013.04.10 2013고단160

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 January 27, 2013, the Defendant: (a) around 00:42, at the Changwon-si, Changwon-si cafeteria; (b) while drinking a horse dispute with the victim D (the age of 46) who was an elementary school, and drinking, and (c) was placed in his hand on the part of the victim’s left face; and (d) was placed on the left side of the victim, which requires treatment for about 14 days by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (the diagnosis of injury and attachment of a photograph of damage to the victim);

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. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act);