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(영문) 창원지방법원 밀양지원 2016.04.14 2015고단417
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant and the Victim C (42 tax) reported that the Defendant and the Victim C (42) are friendly-gu, and that the Defendant’s wife and the Victim C (42) were able to drink with the Defendant’s wife and other friendly-gu F, while drinking together with the Defendant’s wife and other friendly-gu F on September 29, 2015, and that the Defendant’s f was able to take a bath against the Defendant, and that the victim who was next to the Defendant is f.

Whether or not they have a serious desire to express;

'The defective victim and the trial expenses were incurred, and the victim's head was fluent on the table table, and the victim's head was fluenced once again, and the victim was injured by two open boxes in need of treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Considering the observation of protection and the reason for sentencing under Article 62-2 of the Social Service Order Act and the fact that the crime of this case is not good, strict punishment against the accused is required.

However, the defendant's mistake is divided, the defendant does not want the punishment of the defendant by agreement with the victim, the order of community service is also imposed together with the suspended sentence of imprisonment with prison labor, the defendant's age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime are considered in the arguments of this case, and the punishment shall be determined as ordered.

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