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(영문) 창원지방법원 2015.05.21 2015고단221
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

Criminal facts

On November 27, 2014, the Defendant: (a) around 23:10 on November 27, 2014, at the D Center located in Seocho-gu, Changwon-si; (b) while drinking the victim E (the 61 years of age) and drinking alcohol, the Defendant saw the victim to drink the ice cream; and (c) the victim saw his hand as her hand, and caused the victim's head one time, and caused the victim's injury, such as the damage of the scam and the scambling, etc., which require two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of a medical certificate;

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 recommending punishment] : Type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodily Injury, Bodily Injury, Special Bodi Bodily Injury) (Act No. 9-2) - Adjustment (including special mitigation) at the lowest limit of the applicable sentencing under the law, for a period of one year and six months (including a serious effort to recover damage), minor bodily injury, not subject to punishment (including a serious effort to recover damage), or where considerable damage has been restored (decision of the sentenced sentence]; one year and six months of imprisonment; two years of suspended sentence (one year and six months of suspended sentence; one year and two years of suspended sentence (one year and

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