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(영문) 창원지방법원 거창지원 2015.02.04 2014고단369
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 this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 21, 2014, at around 01:45, the Defendant: (a) performed alcohol at “Cjunk” located in Ssag-gun, Sag-gun, Sag-gun; (b) and (c) was in dispute with the victim D (the age of 25) who flabb, and glabbing with the snow, and was in both hands; (c) flabing the victim’s flab; (d) flab; (d) flabing the victim’s flab; and (e) flabing the victim’s flab, which is a dangerous object on the table, twice the victim’s head flab; and (e) flabing the victim’s flab

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes on investigation reporting;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (a favorable consideration, such as a white point, a primary charge, and an agreement with the victim);

1. Where the reason (Scope of recommending punishment) for sentencing under Article 62 (1) of the Criminal Act (including repeated circumstances favorable to the above), the mitigation area (one year and six months through two years and six months), the penalty not (including advanced efforts for recovery of damage), or considerable partial damage has been mitigated, in the mitigated area (one year and six months through six months), or the reason for sentencing under Article 62 (1) of the Criminal Act (the scope of recommending punishment);

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