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(영문) 창원지방법원 진주지원 2016.04.05 2015고단1147
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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

1. A special assault Defendant: (a) around 03:00 on April 5, 2015, the victim E (23) who is not aware of the “D cafeteria” located in Jinju City, and the Defendant’s pro-friendly job appearance F, and the victim took a hump and take a hump to F, thereby leaving the victim’s humbbing back and cutting the breath (10cm in length, 10cm in length and 10cm in length on the day).

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. Around 04:30 on April 13, 2015, the Defendant suffered special injury: (a) at the house of Jinju-si, Jinju-si F (28:30), the victim did a verbal dispute with the victim; (b) the victim did so at the inside of his/her own money; and (c) the victim did so on his/her hand, her hand, and her hand, frings the part of the victim’s timber into a breath and pushed the breath with a breath hand, and frings it over the floor, and then frings the knif (32cc in total, 19cm in total) of dangerous things in the kitchen, which were dangerous in the kitchen, and frings the part, such as the victim’s left hand hand, and frings the victim at the left side of about three weeks in need of medical treatment (6cm in length).

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to H;

1. Each police statement made to F, H, I, and J;

1. A certificate of commission of appraisal and medical records;

1. Application of each existing statute referred to in subparagraphs 1, 2, and 3, of seized evidence;

1. Articles 261, 260(1) (a) and 258-2(1) and 257(1) (a) of the Criminal Act concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Code of the Suspension of Execution (the victims are not subject to punishment for the defendant, and the defendant is the victim F in relation to special injuries.

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