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(영문) 창원지방법원 마산지원 2014.10.22 2014고단826
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

On July 29, 2014, at around 21:18, the Defendant committed assault against the victim by carrying dangerous things, such as 40 centimeters in length, while disputing the victim C(the age of 44) who is a part of society and the minor Si expenses.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police interrogation protocol to C

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 260 (1) of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (Consideration of crimes, etc.);

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order [Scope of recommending punishment]: Type 6 (Habitual Offense, Cumulative Offense, Special Violence) mitigated area (4-1-2): Imprisonment with prison labor for not more than 10 months, suspension of execution, 2 years, probation, community service, 80 hours (Considering the circumstances of this case and the victim's non-compliance with punishment);

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