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(영문) 창원지방법원 마산지원 2015.02.04 2015고단22

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 November 17, 2014, at around 19:05, the Defendant drinked alcoholic beverages at a D restaurant located in Masan-si, Masan-si, Masan-si, Masan-si, and went to the toilet.

The victim E (the 53 years of age) made a mixed-form-type-off-off-off-off-off-off-off-off-off-off-off-off-off-off-off-off-off-off-off-off-off-off-off-off-up-off-off-off-off-up-off-up-off-up-off-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-up-

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 257 (1) of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (Consideration of crimes, etc.);

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (Scope of Recommendation): Type 1 (Special Mitigation Area) (Special Mitigation Area): Minor injury, and Non-execution of punishment (decision on a sentence): Imprisonment with prison labor for a year and six months, suspension of execution of a sentence for a period of two years (the fact that there exists no record of punishment exceeding a fine, the fact that there was no record of punishment exceeding a fine, the fact that agreement has been reached with the victim, etc.); and