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(영문) 창원지방법원 2010.02.17 2009고단3948

폭력행위등처벌에관한법률위반(집단.흉기등상해)

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 three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

At around 21:50 on September 28, 2009, the Defendant: (a) on the roads of Msan-dong 173-13, Mudong 173-13, and (b) on the roads of the victim C (n, 44 years old); (c) on the 15th anniversary of the 15th anniversary of the 15th anniversary of the 0th anniversary of the 15th anniversary of the 0th anniversary of the 0th anniversary of the 6th anniversary of the 6th anniversary of the 6th anniversary of the 6th anniversary of the 6th anniversary of the 6th anniversary of the 6th anniversary of the 6th anniversary of the 6th anniversary of the 6th anniversary of the 6th anniversary of the 6th anniversary of the 6th anniversary of the 6th anniversary of the 6th anniversary of the 196th anniversary of the 6th anniversary of the 6th anniversary of the 6th anniversary of the 196th of the 6th son’s left body.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and C;

1. A written diagnosis of injury;

1. Application of the police seizure report and the investigation report Acts and subordinate statutes;

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 (Considerations such as the fact that he/she committed a contingency in the influence of alcohol, the fact that he/she agreed with the victim, and the fact that he/she has no criminal record

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;