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(영문) 창원지방법원 2013.09.13 2013고단1998

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

Defendants shall be punished by imprisonment for one year and six months.

However, it is against the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. At around 12:20 on May 1, 2013, Defendant A: (a) 12:20, the Defendant: (b) driven a car from the F High School located in Jinhae-si, Jinhae-si, and proceeded to the Jinhae-si, and (c) carried the car from the direction of Busan to the Jinhae-si; (b) carried the car from the back of the road to the Defendant, on the ground that the injured party B (the aged 35) driven by the driver at the right from the right from the right from the right from the right from the right from the right from the right from the right from the right from the right from the right from the right from the right from the right from the right from the right from the right from the right from the right from the right from the right from the right from the right from the right from the right from the right from the right from the right from the right from the right from the right from the right

2. Defendant B, at the same time and place, left against the assault of the said victim A (year 51), frighters, which were dangerous objects in the said Twitler, were boomed by the victim, and the victim was frighted and frighted by drinking and drinking with the inside part of the victim, resulting in an injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment.

Summary of Evidence

[Defendant A]

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. A written diagnosis of injury B;

1. Records of damage, and photographs of criminal implements (Defendant B);

1. Defendant's legal statement;

1. A suspect interrogation protocol of the police officer;

1. A medical certificate of injury;

1. Application of the Acts and subordinate statutes to photographs of damaged parts and criminal tools;

1. The Defendants of relevant criminal facts: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Do1488, Apr. 1, 2009);

1. Defendants in a suspended sentence: It is so decided as per Disposition for the reasons above Article 62(1) of the Criminal Act (recognisive of discretionary mitigation).