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(영문) 창원지방법원 마산지원 2013.07.03 2013고단333

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

At around 02:20 on May 7, 2013, the Defendant: (a) was drinking alcohol with the victim C (at the age of 49), F, etc. at the Enobya-si, Changwon-si, Changwon-si; (b) the Defendant heard from the victim the phrase “Ieman, as the victim did so,” “Ieman,” and (c) “Ieman, Ieman, who was in the part of the victim’s inside of the victim, who was in the part of the dangerous article on the tables, for about 14 days of treatment.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 (agreement, reflectment, etc.);

1. Article 32 (1) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Orders (Unjustifiable to issue a compensation order under an agreement with the accused);