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(영문) 창원지방법원 2015.06.11 2015고단384
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

On October 26, 2014, the Defendant: (a) around 00:35, around 00:35, the Defendant: (b) stated that he drinks with the victim E (the age of 46); (c) paid the alcohol value; (d) reversed it; and (e) offered the Defendant’s proposal to pay the alcohol value, and (e) brought the victim’s face at one’s own drinking time; (e) took two times, she blished the body of the victim’s face; and (e) took the head with the beer’s disease, and inflicted injury on the victim, such as the cutting off of the closed pelel that requires treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. The police statement of F, G, and H;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2(1) of the Social Service Order Criminal Act [Scope of Recommendation] : The basic area (2 to 4 years) (2 to 2 years) of the first category (2 to 4 years) of habitual injury, repeated injury, and special injury (a repeated injury, repeated injury, and special injury) is not a person [decision of sentence] (decision of sentence] unfavorable: The crime of this case is a punishment for time due to the payment of the drinking value.

The head of a victim who has made a sexual appearance shall be taken to be a beer and has not been sentenced to a fine in addition to a fine, and there is no agreement with the victim, and other cases: the circumstances and result of the crime, the age, character and conduct, environment, circumstances after the crime, etc.

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