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(영문) 창원지방법원 2015.08.21 2015고단648
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 November 5, 2014, the Defendant: (a) around 22:00, at the Dhophouse located in Jinhae-gu, Changwon-si; (b) while drinking alcohol with the victim E (39 years of age) working at the same construction site; (c) on the ground that the lower victim, while drinking alcohol, was doing so by breaking the horses under the influence of alcohol, the Defendant saw an empty beer, which is a dangerous object on the table of the table, and laid down the victim’s head part on the left-hand side, brought the victim’s two tensions of the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Investigation report (the F phone statement of the studio);

1. Application of Acts and subordinate statutes on response to the commission and commission of appraisal;

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 of the suspended sentence [Scope of Recommendation] Article 62(1) of the Criminal Act: Type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury) (1 year and 2 months) in the mitigated area (1 year and 6 months), (2) [Special Mitigation] in the mitigated area (a person subject to a sentence] [a person subject to a sentence] is against the defendant's mistake; (b) the victim and the victim have agreed smoothly; (c) there is no criminal records other than those subject

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