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(영문) 창원지방법원 통영지원 2014.03.19 2013고단382
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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

Around 22:00 on December 21, 2012, the Defendant: (a) around 22:00, at the 5 room of “D liquor store” located in C, and (b) at the time of the settlement of the victim’s clothes, the Defendant: (a) fluencing an empty beer’s body in the caric book into one’s head; (b) f (35) caused disturbance; (c) f (e) f (e) the employee of the Victim F (35) entered the five room to prevent the Defendant; and (d) f (e) f (35) blicker’s disease, which is a dangerous object, boomed the victim’s body with the victim’s clothes, and fluenced the victim’s body with the victim’s hacking the victim’s body.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of the Act and subordinate statutes to report the victim'sF face photographs and internal investigation;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (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. The reasons for sentencing under Article 62-2 of the Criminal Code of the Probation and Social Service Order [Determination of Punishment] Violence, repeated crime, special assault [Determination of the recommended area] Basic Area / [Determination of the recommended area] June to 10 [Determination of the sentence] Defendant confessions and reflects the instant crime; Defendant’s age, character and behavior, family relationship, family environment, means of crime, circumstances after crime, etc.; Defendant’s age, character and behavior; Defendant’s family relation; Defendant’s family environment; Defendant’s conditions of sentencing indicated in the instant records, such as circumstances after crime, shall be determined as ordered by the disposition.

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