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(영문) 창원지방법원 진주지원 2015.01.28 2014고단1099
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 24, 2014, at around 23:00, the Defendant assaulted the Victim D(35 years of age) with the Victim D, who performed drinking at around 23:00, at around 23:0, the Defendant continued to gather her face with the Victim D(35 years of age) who she was in a parallel with his/her duties, and assaulted him/her at two times on the part of the Victim D(or 35 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the scene and criminal implements;

1. Article 3 (1) and Article 3 (1) 2 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is not that of the crime of this case where the defendant was suffering from an empty beer disease, and the nature of the crime of this case where the victim was suffering from drinking. However, the punishment as ordered is determined in consideration of all the circumstances, including the fact that the defendant was committed at the time of committing the crime, the fact that the defendant was divided, the fact that the defendant was a contingent crime, the fact that the defendant was smoothly agreed with the victim, the defendant did not have the same criminal history as the victim, and the defendant did not have the same criminal history, and it was only one time of fine,

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