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(영문) 창원지방법원 2015.08.27 2015고단1520
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

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

At around 00:30 on April 19, 2015, the Defendant heard from the victim that he would no longer sell alcohol to the Defendant, and assaulted the victim’s head and shoulder, i.e., a dangerous object on the table, with the victim’s head and shoulder.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of the photographic Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act [Scope of Recommendation] The scope of sentence under Article 62 (1) of the Act on the Suspension of Execution shall be suspended, taking into consideration the following: (a) the mitigation area (4 to 1 year and 2 months) [Special Mitigation] mitigation area (a person who has been specially mitigated] [decision of sentence] the crime of assaulting a victim due to an empty beer who is a dangerous article by the defendant; (b) the crime of assaulting the victim due to an empty beer who is dangerous article; (c) the victim has agreed smoothly with the victim; (d) the fact that there

b)In full view of the Defendant’s age, character and conduct, home environment, motive and circumstances of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission.

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