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(영문) 창원지방법원 2014.07.08 2014고단1305
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

1. The defendant shall be punished by imprisonment for two years;

2.Provided, That the execution of the above sentence shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:40 on May 24, 2014, the Defendant was under the influence of alcohol at the Defendant’s house located in Kimhae-si, Kim Jong-si’s house, and the Defendant said that the Defendant Do (the age of 46) was string himself/herself, suspected of her external appearance, and she was flading “ma,” and she was flading so that he/she was flad by his/her hand, so far as he/she was flad by his/her hand, and he/she was flad by her hand, she was flad by her head, she was flad by her head, she was flad by her head, and she was flad by her head, which is a dangerous object in the main room, and she was flad by her head, and then she was flad by her head, and he/she was flad by her.

The Defendant continued to be able to get off the victim, who is a dangerous thing in the bend, and brought up the victim with the transition (23 cm in total length, 12 cm in blade) which is a dangerous thing in the bend.

Accordingly, the victim has broken down the left hand of the defendant, and the defecter defendant again put the knife (31 cm in total length, 19 cm in knife length) which is a dangerous article in the main room of the defendant, and "we ask the hand over in the same manner as that of the defendant's face."

As a result, the Defendant, carrying dangerous things, assaulted the victim, and dives, which requires treatment of the victim for about four weeks, was committed.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police against D (Simplified violence);

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to a criminal investigation report (the injury diagnosis report and a written application for carbon);

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act as to the crime, Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act;

1. There are no criminal records of reflectivity under Articles 53 and 55(1)3 of the Criminal Code for discretionary mitigation, victim's not to be punished, and the opportunity to reflect through detention, the same kind of punishment or suspension of execution.

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