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(영문) 창원지방법원 마산지원 2013.09.04 2013고단571
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 24, 2013, the Defendant was sentenced to imprisonment with prison labor for six months with prison labor for obstruction of performance of official duties, etc. at the Changwon District Court Msan Branch on July 24, 2013, and the said judgment became final and conclusive on August 1, 2013.

At around 21:20 on June 14, 2013, the Defendant, along with the victim E (the 46-year-old age) at D main points located in Changwon-si, Changwon-si, and on the ground that, while drinking alcohol with the victim E (the 46-year-old age), the Defendant: (a) brought the victim’s head part at one time with beer disease, which is a dangerous object on the table; (b) caused the victim’s head part at one time; and (c) caused the victim’s injury, such as the two flicks requiring two-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. A medical certificate attached to a report on internal investigation;

1. Application of the statute as a result of case search

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 latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (agreement, reflectment, etc.);

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