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(영문) 창원지방법원 2014.12.19 2014고단530
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

Reasons

Punishment of the crime

On February 24, 2012, the Defendant is a person who was sentenced to imprisonment with labor for a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.) at the Changwon District Court on February 24, 2012, and on March 3, 2012, and is currently under suspension of execution.

Around 12:55 on January 4, 2014, when the Defendant was under the influence of alcohol and lacks the ability to discern things or make decisions, the Defendant expressed the victim’s face at home, and expressed the victim’s desire to “Is the victim’s her face at home,” and “Is the victim’s her hand,” and “Is the victim’s her face at home, Is the victim’s her face at home, and her hand, Is the victim’s body at one time, and shes the victim’s body at one time, and shes the victim’s body at one time, shes the left eye, and shes the victim’s body at one time.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes No. 1, 2, and 4 to the evidence list submitted by the prosecutor;

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. Article 10 (2) and Article 55 (1) 3 of the Criminal Act (it is a person with a mental disability) that is legally mitigated;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the reason for sentencing] is confession and reflect, contingency crimes under the influence of alcohol, the victim does not want the punishment of the defendant, etc. [the reason for discretionary mitigation] that is a crime under the suspension of execution of punishment for the same crime

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