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(영문) 창원지방법원 마산지원 2013.04.10 2012고단847
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

The defendant, around 04:30 on May 6, 2012, issued an order that D wear the defendant while drinking together with the victim D(27 years of age) and the victim E(26 years of age) in Changwon-si, Changwon-si, Masan-si, Masan-si, Masan-si.

Mader's disease, which is a dangerous object on the table of the Baer, was collected from the above D, Mader's disease was collected, Mader's disease was collected, Mader's head was treated as beer's disease, and 2 Mader's disease was collected from E.

Accordingly, the defendant assaulted the victim E with beer who is a dangerous object as such, and raised the victim D a face face requiring approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness D, E, and F;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (D);

1. Article 3 (1), Article 2 (1), Article 2 (1), Article 2 (3), and 1 of the Punishment of Violences, etc. Act on Criminal Crimes, Article 257 (1) and Article 260 (1) of the Criminal Act;

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

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of crimes, etc.);

1. Suspension of execution: Article 62 (1) of the Criminal Act (the details of this case, grounds for not punishing victims E, reflecting, etc.);

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