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(영문) 창원지방법원 마산지원 2014.04.23 2014고단251

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except 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

At around 22:40 on September 30, 2013, the Defendant: (a) within the D week located in Changwon-si, Changwon-si; (b) on the ground that the victim E (the 46-year-old age) did not properly conduct personnel management, the Defendant: (c) placed an empty beer disease, which is a dangerous object on the table; (d) placed on the table; (e) assessed the back of the victim on one occasion on one hand; and (e) again, assessed the victim’s left upper part of the victim’s back on one occasion by a shoulderer disease, and (e) opened a face that requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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

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 or 55 (1) 3 of the Criminal Act for discretionary mitigation (Consideration of crimes, etc.);

1. Article 62 (1) of the Criminal Act (agreement, reflectment, etc.);