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(영문) 창원지방법원 2013.07.23 2013고단204
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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 this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around 00:50 on November 27, 2012, the Defendant: (a) stated that the victim E (the 44 years of age) who was a customer who had drinking at another customer at the “D” main point of “D” under Article 204 of the Act on the Punishment of Violences, etc. (a collective injury by a deadly weapon, etc.) was an employee of the said main point; (b) said victim E (the 44 years of age) was an employee of the said main point; and (c) said victim was unaware of that he was not mistaken for the Defendant; and (d) said that he was bad for the Defendant’s treatment, such as beer’s disease, small illness, glass cup, etc., which are dangerous things on the table of the instant E and Dong, and was frighted to the victim F (33 years of age) who had drinking at the said E and Dong; and (d) said victim’s disease, hair, etc., took care of the 2nd class in line with the number of days required for treatment.

2. The Defendant damaged property in the same date, at the same place, and at the same time and place, and as above, in the process of avoiding disturbance, the Defendant destroyed property owned by the victim G (M, 49 years old), the owner of the said main shop G (M, 5 years old) by gathering one mar of the market price, breaking one mar of other glass, thereby destroying it.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to police statements of E, F and G;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 257 (1) of the Criminal Act and Article 366 of the Criminal Act concerning the punishment of a crime; Article 3 (1) and Article 257 (1) of the Criminal Act; Article 366 of the Criminal Act;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the degree of damage of the victim, the fact that the defendant led to the confession of the crime, and the fact that the defendant agreed with the victims);

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