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(영문) 창원지방법원 2014.05.20 2014고단606
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2. Provided, That 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 January 21, 2014, the Defendant: (a) around 21:35, on the ground that the vehicle owned by the Defendant’s female-friendly Gu was parked in the future in the vehicle owned by the victim D (the age of 36) at the Dam-si, Kimhae-si, the Defendant collected the wall (a 11cm, 11.5cm, 1.5cm, 5cm, 5cm in width) that is a dangerous object to the Defendant, and laid down the victim’s head twice by taking care of the wall (a 11cm, 11.5cm, 5cm, 5cm in width) that is located in the victim’s vehicle in the Dom-si, Kimhae-si, Kim Jong-si, the Defendant sawd the victim’s head two times, and spawn the victim’s head and

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written appraisal and commission;

1. Application of Acts and subordinate statutes on investigation reports (such as bricks used for committing an offense);

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;

2. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., recognition of and rebuttals, an agreement with the victim, and an initial offender who has no criminal power);

3. Article 62 (1) of the Criminal Act (Reexamination of the same conditions as the above).

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