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(영문) 창원지방법원 마산지원 2015.07.07 2015고단459
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

On April 14, 2015, at around 20:00, the Defendant, along with the victim D (the 44 years of age) in Changwon-si, Masan-si C, had drinking together with the victim. On April 14, 2015, the Defendant: (a) caused a dispute with the mother of the Defendant to drinking alcohol; (b) caused the Defendant’s hacking of the fluor’s disease, which is a dangerous object in which the fluor had the fluor’s desire to do so; and (c) led the Defendant to a knife with the victim’s left part of the disease requiring approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written report on the commission of appraisal;

1. Application of Acts and subordinate statutes of a medical certificate;

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. Suspension of execution: The fact that the errors in sentencing under Article 62 (1) of the Criminal Act are divided and that there exists an agreement with the victim; and

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