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(영문) 창원지방법원 진주지원 2013.08.28 2013고단822

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 became final and conclusive.

Reasons

Punishment of the crime

At around 03:40 on June 2, 2013, the Defendant: (a) reported that the victim E (the age of 48) is disputing the issue of the business owner and drinking value; and (b) took part in it, the Defendant, within the main point of “D” located in Sacheon-si, Sacheon-si, caused the injury to the victim, such as two stale, requiring treatment for about 10 days, by getting the part of the victim’s left head on one occasion, of the empty disease, which is a dangerous object of the victim’s bathing on the ground that the victim took a bath.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Written reply to the commission of expert opinions and medical records;

1. Application of each statute on photographs;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the risk of committing a crime and the degree of injury of a victim shall not be deemed to be less severe, but the defendant has no record of punishment exceeding imprisonment without prison labor for the same kind of crime, due to the fact that the defendant has been punished for a crime of the same kind, the error is divided, and the victim has agreed to do so smoothly);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);