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(영문) 창원지방법원 진주지원 2013.12.11 2013고단1120

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 04:30 on September 10, 2013, the Defendant: (a) discovered the victim E (year 46) and the main points that the Defendant had been operating before the tugboat in the Jinju-si, and caused the victim’s knife at one time; (b) caused the victim’s knife to the beer disease, which is a dangerous object on his knife; (c) caused the victim’s head back to the beer disease at one time; and (d) caused the victim’s injury to the victim, which is suitable for the part on the part of this part of the victim, for about three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. A written diagnosis of injury;

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. Consideration under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (i.e., a white and reflective act, a criminal act committed in the influence of alcohol, a criminal act committed contingently, there is no record of punishment of imprisonment without prison labor or heavier punishment in addition to the punishment of a fine by force in 2004, and an agreement with the victim);

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