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(영문) 창원지방법원 진주지원 2015.06.10 2015고단344
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except 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

1. Around 04:00 on March 6, 2015, the Defendant violated the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) brought about the victim F(56 years of age) and the horse dispute with G, which had been seated in the next table, while drinking a mixed alcoholic beverage at the E main point operated by D in Jinju-si, Jinju-si.

On the ground that the Defendant’s head was frightened, the Defendant frightened the Defendant’s head, and frightened the frighten, which is a dangerous object in the table, into the frighten hand, and caused the victim to frighten the head of the frighten, thereby requiring approximately two weeks of treatment.

2. In the date and time set forth in Paragraph 1, the injured Defendant carried 50 years old-age booms of the injured party G (50 years old-year-old)’s booms with bomblings, and let the injured party belbow on the shoulder belf on the right belble, and put the injured party a part of the right belbow in need of treatment for about three weeks.

3. The Defendant damaged the property damage by taking one portable gas 20,000 won or more at the time and place specified in paragraph (1), and destroying the property owned by the victim, such as by putting the beer, which is located adjacent to the entrance and exit of the said main outlet by hand, and destroying the beer 10,000 won at the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol concerning G and F;

1. Statement made to D by the police;

1. A medical certificate;

1. Application of each statute on photographs;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 257 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, Article 36 of the Criminal Act, Article 36 of the Criminal Act, Article 36 of the Criminal Act, concerning the relevant Article of the Act on the Punishment of Criminal Crimes and the Selection of Violences,

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62(1) of the Criminal Act

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