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(영문) 창원지방법원 거창지원 2014.10.15 2014고단259
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 17:10 on March 18, 2014, the Defendant: (a) committed assault against the victim, such as: (b) at the victim C’s house located in Gohap-gun B lending 301, on the ground that: (c) the Defendant was drinking together with the victim the alcohol that the victim would not drink the alcohol; (d) while the victim was under the Defendant’s mixed drinking, the victim would not drink the alcohol; and (e) while the Defendant was under the Defendant’s mixed drinking, the Defendant her drinking together with the victim without drinking the alcohol, “I am frien, patha, patha, patha,” and she was under the influence of the alcohol, on the ground that “I am fritha, frithatha, frithath, frithath, 11cm in length, 22cm in length.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes on investigation reporting accompanying photographs;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (the consideration given in favor of the victim, such as the fact that an agreement is made with the victim and that there is no criminal record of probation or heavier);

1. Where the reason for sentencing under Article 62 (1) of the Criminal Act (recognition of conditions favorable to the above) is [the scope of recommending sentence] the area of mitigation (4 to 1.2 months), the area of mitigation (4 to 1.2 months), the area of punishment not for punishment (including serious efforts to recover damage), or considerable damage has been restored;

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