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(영문) 창원지방법원 마산지원 2015.12.08 2015고단871
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

On September 8, 2015, the Defendant: (a) around 23:10 on September 23:10, 2015, at “D cafeteria” located in Changwon-si C, Changwon-si, the Defendant, without any justifiable reason, carried the mixed alcoholic beverage on other table E (50 years of age) face of the victim E (50 years of age) who was drinking the alcoholic beverage on other table, and carried on a heat equivalent to approximately 20 meters on the part of this part.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to report internal investigation (related to the attachment of photographs on the spot and on the upper part);

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. Although the suspended sentence has the same record of sentencing under Article 62(1) of the Criminal Act, the sentence as the order shall be determined by taking into account the following factors: (a) the number of records of the sentencing under Article 62(1) of the Criminal Act, the degree of harm, the degree of smooth agreement with the victim, and the defendant's age, character and conduct, environment, motive and circumstance of the instant crime, and circumstances

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