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(영문) 창원지방법원 2013.11.08 2013고단2489
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 2, 2013, at around 02:05, the Defendant: (a) brought an injury to the victim F (25 years old) of E, a dangerous object (3 cm in thickness, 60 cm in length) brought by hand, which was a dangerous object in front of the D’s “D,” which was at the window C of Changwon-si, and (b) brought an injury to the victim, such as two- weeks of treatment.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Application of Acts and subordinate statutes to an investigation report (receiving 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. Consideration under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., taking into consideration favorable circumstances, such as the fact that the misunderstanding of a person is recognized, the degree of injury to the victim is not excessive, the degree of injury to the victim is not excessive, and the fact that the person is an initial criminal without criminal records);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the same conditions as the above);

1. It is so decided as per Disposition on the grounds of Article 62-2 (1) of the Criminal Act or more;

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