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(영문) 창원지방법원 2014.09.19 2014고단1165
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

Reasons

Punishment of the crime

On March 25, 2014, at around 16:00 on March 16, 2014, the Defendant, while under the influence of alcohol in front of a D restaurant located in the window C, was the victim E (the age of 49) and Si expenses in operation due to the traffic of the Defendant, and the Defendant, by his hand, carried the victim’s stroke, carried the victim’s stroke, carried the victim’s stroke, destroyed the victim’s stroke, shouldered the disease in his surrounding area, and damaged the victim’s breast part, which is a dangerous object, to be treated for about 14 days.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused;

1. Each police statement concerning E and F;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) the Defendant committed the instant crime in which the victim inflicts bodily injury on the victim by means of breaking the victim’s chest part by a shoulderer soldier, which is a dangerous object, despite the criminal records having been sentenced five times to a fine due to a violation of the Punishment of Violences, etc. Act; (b) the Defendant committed the instant crime, taking into account the fact that the victim is punished by the Defendant; and (c) the circumstances leading up to the instant crime, etc.

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