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(영문) 창원지방법원 2015.08.12 2015고단1229
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 March 12, 2015, the Defendant: (a) around 23:20 on March 12, 2015, in E-cafeteria operated by the victim D (the age of 45) in Kimhae-si; (b) performed alcohol with the daily F and the Defendant’s wife G and calculated the drinking value; (c) on the ground that the victim was wrong in calculating the drinking value, the Defendant inflicted bodily injury on the part of the victim, i.e., two times the victim’s buck with his hand, and her head, which is a dangerous object in the tables, caused the victim’s illness, and caused the victim’s head to undergo treatment for about 21 days.

Summary of Evidence

1. Defendant's legal statement;

1. Grade D of the protocol of interrogation of the accused by the prosecution;

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

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. 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] Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodily Injury, and Special Injury (Habitual Injury, Bodi Bodily Injury), the mitigation area (1 year and June 2), the mitigation area (1 year and June 6), the decision not to punish [special mitigation] / the decision not to punish the defendant is against the defendant / the decision not to punish the defendant / the decision not to punish the defendant / smoothly agreed with the victim / the agreement was reached, and all other conditions of sentencing, including the circumstances leading to the instant crime,

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