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(영문) 창원지방법원 마산지원 2014.09.02 2014고단691
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 23:00 on June 20, 2014, the Defendant: (a) sent to his wife D the word “if he knows, any one may do so”; and (b) returned to her wife D the word “a person agreed by us”; and (c) returned to her wife D and her wife E together with her wife D and her wife E to comply with this.

The defendant met the victim or met the above reasons on the street in front of the F Building Masan-si, Changwon-si, but the victim sprinked on the ground that the victim did not make a straw, and sold the part of the victim's body with golf bonds, which is a dangerous object in the back seat of the vehicle E, his wife, and made two prices of the head of the victim with a stone, which is a continuously dangerous object, and made several occasions of drinking.

As a result, the Defendant carried dangerous articles with the victim, and inflicted injury on the victim, such as cerebral alky in detail, in which there is no open room for treatment within 3 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of C and E;

1. Photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1), Article 2 (1) 1, and 3 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, Article 257 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., the penance of offenses and the fact that there are only one minor criminal convictions and one time a minor fine);

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

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

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