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(영문) 창원지방법원 진주지원 2013.05.15 2013고단333
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 20:40 on January 17, 2013, the Defendant: (a) talked with the victim D, who was a new citizen of the Republic of Korea, and talked with each other on South and North Korea’s living; (b) made a mutual conflict with the other, and (c) made the victim’s face a beer’s disease, which is a dangerous article on the table.

As a result, the Defendant carried an empty beer, which is a dangerous thing, and inflicted an injury on the victim, such as the head of a hair open for about three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Statement to E by the police;

1. A medical certificate;

1. Application of Acts and subordinate statutes on the spot and damaged 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., that the defendant is against the defendant and that an agreement has been reached with the victim);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the same conditions as the above);

1. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;

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