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(영문) 창원지방법원 마산지원 2016.04.19 2013고단78
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

At around 01:30 on December 18, 2012, the Defendant: (a) at D main points located in Changwon-si Member C of Changwon-si, the Defendant did not receive wages from the victim E (43 tax) even though the Defendant had worked for the work; (b) caused disputes over the victim’s face once due to drinking, and collected beer’s disease in his/her face and head; and (c) caused injury to the victim, such as the removal of internal walls and internal walls, which require about five weeks of treatment.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to F and E;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to beer's disease and body photographs of victims;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. The sentencing conditions under Articles 53 and 55(1)3 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, shall be determined as ordered by taking into account the following circumstances, and other factors, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime.

Unfavorable circumstances: The injury suffered by the victim is not easy.

The victim did not agree with the victim and the victim wanted to punish the defendant.

A favorable normal situation: There is no record of being punished for the same crime, and there is no record of being punished by a suspended sentence or more.

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