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(영문) 창원지방법원 밀양지원 2015.09.24 2015고단205
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

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

Reasons

Punishment of the crime

On May 20, 2015, at around 08:30, the Defendant: (a) was operated by the Victim D (A) located in Sinnam-gun, Sinnam-gun, and was suspected to have the wind with other people; (b) made it doubtful; (c) made it possible for the victim to have the winded with the other people; and (d) made one stop of the head of the victim with the brick, which is a dangerous object; and (d) made one stop of the victim’s neck by hand and drinking; and (e) made a single stop of the victim’s face; and (e) made it possible for the victim to take approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. Application of Acts and subordinate statutes to each domain and written diagnosis of injury;

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. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

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