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(영문) 창원지방법원 마산지원 2013.04.17 2013고단163
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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 becomes final and conclusive.

Reasons

Punishment of the crime

On April 5, 2012, the Defendant was sentenced to a suspended sentence of two years for a violation of the Act on the Control of Narcotics, Etc. at the Changwon District Court on April 5, 2012.

8.3. The above decision has become final and conclusive.

1. Around January 19, 2012, the Defendant violated the Punishment of Violences, etc. Act (a collective injury, deadly weapon, etc.) committed an injury to the victim, such as two parts of the treatment days and two parts of the treatment days, E (the age of 43) and the marine column, which are dangerous objects under custody in multiple banks, due to dispute between the victim and the above multiple employees, at the Dda room located in the south-nam Haan-gunan Army, around 19:40 on January 9, 2012.

2. Around December 11, 201, the Defendant violated the Punishment of Violences, etc. Act (Assaults such as group, deadly weapons, etc.) committed assault against the victim on the following occasions: (a) Around 21:40, the Defendant committed an assault: (b) the victim’s knife and rear a part of the victim’s knife, which is a dangerous object while having been in a dispute with the victim; (c) the victim’s knife and rear a part of the victim’s knife; and (d) the victim’s knife and knife knife k

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Photographs of the body part of the victim;

1. Seizure records;

1. Application of Acts and subordinate statutes to pre-disposition, and confirmation report on results;

1. Article 3 (1), Article 2 (1) 1, and 3 of the Punishment of Violences, etc. Act concerning the crime, Articles 2 (1) and 257 (1) and 260 (1) of the Criminal Act;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (agreement, reflectment, etc.);

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