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(영문) 창원지방법원 마산지원 2014.09.30 2014고단755
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On April 5, 2014, the Defendant: (a) around 11:05, the Defendant: (b) performed drinking together with the victim E (year 51) within the “D” located in Changwon-si, Changwon-si; and (c) performed an oral surgery that requires approximately two weeks of treatment to the victim, on the ground that the victim’s speech is livers between the Defendant and another person; (b) sees the victim’s speech; and (c) sees the victim’s speech; and (d) sees the victim’s speech; and (d) sees the victim’s speech, the victim’s speech, which is a dangerous object on the customer’s face at his/her own end

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (field conditions, confirmation of dangerous objects, etc.);

1. Application of Acts and subordinate statutes governing appraisal commission and reply;

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. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter the reason for sentencing) is that the defendant was sentenced to imprisonment for six months for the same kind of crime and for two years for a suspended sentence, and committed the instant crime during the suspended sentence period. Therefore, the sentence is inevitable. The defendant is divided in depth of his mistake, the defendant was fully agreed with the victim, and the degree of damage is relatively minor, and all other circumstances are considered to be determined as the disposition.

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