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(영문) 창원지방법원 2014.05.27 2014고단487
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

1. The defendant shall be punished by imprisonment for two years;

2.Provided, That the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 23:50 on January 4, 2010, the Defendant, while drinking alcohol together with the victim E (the age of 31) at the D Ssing room located in Kimhae-si Kim Jong-si, the Defendant saw an empty beer’s disease, which is a dangerous object on the table, for the reason that the Defendant singing the main house while drinking together with the victim E (the age of 31). On the ground that the Defendant singinginging the main house, and singing the victim into his hand, brought about an empty beer who was a dangerous object on the table, and caused the victim to undergo approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each medical certificate, opinion, and injury medical certificate;

1. Application of Chapter Four Acts and subordinate statutes to standing 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. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Areas subject to special injury, injury, and mitigation of punishment based on the sentencing criteria: Imprisonment with prison labor for a year and six months from June to June;

2. Consideration - Considering circumstances - A favorable circumstances: Before and after a stay of execution on account of reflectivity, non-prosecution of punishment, and there is no previous conviction on account of intimidation - Unfavorable circumstances: violence against the victim committing a disturbance - Other factors of sentencing specified in the records of this case, such as the Defendant’s age, character and conduct, health conditions, home environment, motive, means, consequence, etc.

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