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(영문) 창원지방법원 2013.04.05 2013고단236

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 24, 2012, around 18:30 on November 24, 2012, the Defendant expressed a bath to the victim D (the age of 48) under the influence of alcohol at the window C restaurant of Changwon-si, the Defendant d(the age of 48) and d(the age of d) under the influence of alcohol, which is a dangerous object in the place.

At around 18:50 on the same day, the Defendant continued to have returned home and returned back again to the above C cafeteria, leaving a knife knife knife (7cm in the blade and 14cm in the total length) which was a dangerous object in the cafeteria, and has served one time as a part of the victim E (56 years of age) knife knife knife knife knife knife knife knife knife.

Therefore, the defendant carried dangerous articles and carried them to D, carried the upper part of the upper right side of the treatment days, the upper part of the left part of the arms and the upper part of the treatment days, and the upper part of the buckbuck in the treatment days.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of police suspect regarding D;

1. Statement to E by the police;

1. A report on investigation (Attachment of photographs);

1. Application of Acts and subordinate statutes to investigation reports (Attachment of DNA images);

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the part concerning the crime against victim D is a crime committed by the victim due to a dispute over drinking together with the defendant who is prone and the above victim; the crime against the victim E also constitutes a crime by which the above victim fights between the defendant and the victim, the victims are not subject to the punishment of the defendant; and other factors such as the health and family environment of the defendant are considered);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the same conditions as the above);