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(영문) 창원지방법원 마산지원 2013.09.11 2013고단433
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

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

1. Around 02:50 on May 22, 2013, the Defendant, in violation of the Punishment of Violences, etc. Act (collectively weapons, etc.) provided that: (a) around 02:50, the Defendant drinked with drinking together with drinking in five main points located in Chang-si, Masi, Masi-si B; and (b) Had the victim D (the 56-year-old age), who is the owner of business, expressed that “Ig, sing, chewing, sing, singing, singing, and singing the victim with dangerous things on the table, and continuously carried the cryp, with the victim’s face, and continued to be singing back; and (c) took the victim’s face by having the victim’s scam with other scambling-related things.”

2. The Defendant damaged the studio doors owned by the victim so that the studio doors of singing stores can be cut off once a week, at the time, at the same time, at a place as set forth in paragraph (1). For the foregoing reasons, the Defendant destroyed the above entrance doors owned by the victim for repair costs.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and E;

1. Article 3 (1) 1 of the Punishment of Violences, etc. Act, and Articles 260 (1) and 366 of the same Act concerning the crime;

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. committed);

1. Suspension of execution: Article 62 (1) of the Criminal Act;

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