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(영문) 창원지방법원 마산지원 2013.09.11 2013고단504
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 28, 2010, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.), etc. at the Changwon District Court on one year and six months on February 18, 2011, and completed the execution of the sentence in the North Korean Branch 1 prison on February 18, 201.

At around 1:00 on April 20, 2013, the Defendant: (a) stated that the victim E (54 years old) who was drinking alcohol at the seat of another female her driver while working and drinking alcohol in Changwon-si, Changwon-si; (b) stated that the Defendant she was able to drink “this rings”; (c) carried an empty beer’s disease, which is a dangerous object, was frighted to the victim; and (d) bluened the part of the victim’s left part of the blue part.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the investigative report (the confirmation report on the date of release) Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of crime, health conditions, etc. of defendants);

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