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Reasons
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(영문) 창원지방법원 마산지원 2014.10.22 2014고단178
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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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 November 30, 2013, when the Defendant had come to the “D” located in the same Dong during the last three months, the Defendant: (a) expressed that the victim E (38 years of age) who was an instructor of the said golf driving range would disregard himself/herself; and (b) purchased an Alumin aluminium camping net, which is a dangerous object, from the nearby sports equipment store, by drinking the mind that he/she would be retaliationed against the victim; and (c) purchased the Alumin aluminium camping network, which is a dangerous object.

At around 10:40 on the same day, the Defendant reported that the victim goes to work in the above D parking lot, and when the victim gets the above Aluminium camping net to the less part of the victim and the right trade, respectively.

As a result, the defendant carried dangerous articles and damaged the personality of head part in need of treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on seizure records;

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 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. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for the sentencing of Article 48 (1) of the Confiscation Criminal Act / [Scope of Recommendation] The reason for the sentencing of Article 48 (1) of the Criminal Act / [Article 48 (1) of the Confiscation Criminal Act / [Article 48 (1) of the Confiscation Criminal Act / The consideration shall be given, such as imprisonment with prison labor for a minor injury, non-compliance with a sentence] (Article 1 and 6 months, suspension of execution 3 years, community service 120 hours (the degree of injury is minor, reflect

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