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(영문) 창원지방법원 마산지원 2013.08.14 2013고단286
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

On October 13, 2012, the Defendant: (a) around 18:35 on October 13, 2012, at D’s house located in Changwon-si, Changwon-si, C apartment 104 1516, 104, 1516, and talks about drinking together with the victim E (the 55 years of age), and talks about drinking with the victim E; (b) on a drinking occasion, the Defendant took the part of the victim’s inside, and f’s head to the f’s head to the f’s disease, which is a dangerous object of drinking; and (c) took part in the f’s head to the victim for about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes on appraisal commission;

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. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (agreement, reflectment, etc.);

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