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(영문) 창원지방법원 밀양지원 2013.08.22 2013고단270

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 of the final judgment.

Reasons

Punishment of the crime

On April 23, 2013, at around 19:10, the Defendant: (a) while drinking alcohol together with the sex d and E at the “C cafeteria” located in Sshyang-si B, the Defendant saw the disturbance from the Victim F (58 years of age) who was drinking alcohol on the other table of the above restaurant; (b) caused the injury of the victim, which is a dangerous object on the table, caused the Defendant to cut off one time to the head of the victim’s head, and caused the Defendant to tear the part of the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes on the site of the case and damage 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;