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(영문) 창원지방법원 밀양지원 2016.05.04 2015고단421
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for one year.

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

On November 15, 2015, the Defendant, at a restaurant located in the C market at Singyang City, around 14:40 on November 15, 2015, while drinking alcohol such as the victim D, the Defendant, as soon as possible, brought the Defendant’s horse into Singing room, was a sand of glass material, which is a dangerous object at his seat, and brought the victim’s head at one time, with approximately 5cm of the number of treatment days necessary.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to E and D;

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, the crime of this case is not good, the defendant again committed the crime of this case despite the previous convictions of several times, and the fact that the defendant did not agree with the victim, strict punishment against the defendant is required.

However, the defendant's mistake is divided, the defendant is also sentenced to protection, observation and community service order along with the suspension of the execution of imprisonment with prison labor, the degree of injury suffered by the victim is not much serious, and the defendant's age, sex and environment, motive, means and result of the crime, and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime, shall be determined as the order.

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