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(영문) 창원지방법원 마산지원 2015.11.25 2015고단858
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

On October 12, 2015, the Defendant: (a) around 17:30 on October 17, 2015, when drinking alcoholic beverages at a D week store located in Changwon-si, Changwon-si; (b) the victim E, who was a next table, has a verbal dispute with the victim F, who was working, and, (c) the victim E, may not be able to have his f, changed the f, changed the f, or changed the f," and (d) the victim E, who was a dangerous object in the table, collected the beer’s f, so that the number of backs of the victim E can be f, and continuously flowed the face of the victim E, who continued drinking, had the victim E undergo approximately two weeks’s injury, such as chilled and tension, which requires the treatment of the victim, and had the victim F, who had the face of the F, necessary for two weeks’ treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of E prepared by the police;

1. Second statement of the F prepared by the police;

1. Reports on internal investigation (Listening to statements by telephones for reference);

1. On-site photographs;

1. Application of the relevant Acts and subordinate statutes to each appraisal commission and reply;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, Article 62(1) of the Act on the Suspension of Execution, in the case where the following are recovered from the mitigated area (one year and six months to six months), the mitigated area (including a person who has been specially mitigated), the mitigated area (including a serious effort to recover damage), the mitigated area (a serious effort to recover damage), or considerable part) of the mitigated area (a person who has been subject to recommendation) of the Act on the Suspension of Execution: the mitigated area (a person who has been subject to special mitigation) of the punishment (a year and six months to two years), the mitigated area (including a serious effort to recover damage), the mitigated area (a person who has been subject to special mitigation) of the habitual injury, the mitigated area (a person who has been subject to special mitigation) of the punishment (a person who has been subject to special mitigation) of the punishment (including a person who has been subject to serious effort to recover damage) or considerable part

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