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(영문) 창원지방법원 2016.10.13 2016고단2285
특수폭행등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around 22:55 on June 10, 2016, the Defendant: (a) taken out two knifes (11 cm length, 22 cm length, 22 cm length, 22 cm length) from the victim of the “Dracke-Packe-Packe-Packe-Packe-Packe-Packe-Packe-Packe-kacke-kacke-kacke-kacke-kacker (hereinafter “Dracke-kacke-kacke-kacke-kacker-kacker-kacker-kacker-kacker-kacker-kacker-kacker-kacker-kacker)

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. On June 10, 2016, at the place indicated in the above paragraph (1) around 23:00, the injured Defendant told the victim E (the age of 45) that the Defendant satisfing the satisfy like the act described in the above paragraph (1) to “I ambling off” and inflicted injury on the victim by putting the victim’s face on two occasions by drinking in excess of the floor, and putting the victim up on the floor and putting the victim up the face for about six weeks, resulting in an injury, such as the right satfy, the mouth, the right satfy, and the human wave inside the right

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to C, F, G, and E;

1. Reports on internal investigation and reports on investigation;

1. A written diagnosis of injury;

1. Application of each statute on photographs;

1. Relevant legal provisions concerning the crime, Articles 261 and 260 (1) of the Criminal Act that choose the penalty, Article 257 (1) of the Criminal Act, the choice of imprisonment with prison labor;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act is that the defendant, while under the influence of alcohol, assaults the owner of the main place of business, etc., and commits an injury to the customer who calls for such an injury, and thus, the crime is not easy: Provided, That the execution of the sentence shall be suspended in consideration of the fact that the victim and the victim agreed to compensate for the injury and that there is no previous conviction exceeding the fine and there is no misunderstanding of the error; and

b)the age, character and conduct, family environment, motive and circumstances of the crime, the means and consequence of the crime, and the subsequent crimes.

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