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(영문) 창원지방법원 2014.02.07 2013고단3945

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2. Provided, 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

The defendant is a person who works at the D convenience point in the window C of Changwon-si.

On September 25, 2013, around 01:01, the Defendant purchased the subject matter under the influence of alcohol by the victim E (the age of 39) and prevented the defect within the convenience store, and put it to time.

Accordingly, the defendant is going to know about the victim's convenience in the future.

The head of the victim was three times the head of the victim with a brick (10 cm, 5 cm in length, 5 cm in height) which is a dangerous object on the floor of the chemical.

As a result, the defendant carried dangerous objects and carried them about four weeks to give medical treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

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

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, Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that there are only the past record of a single-time fine, the fact that an agreement has been reached with the victim, and the fact that it reflects wrong

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more (the grounds for discretionary mitigation are repeated);