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(영문) 창원지방법원 마산지원 2015.12.01 2015고단839 (1)
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 of the final judgment.

Reasons

Punishment of the crime

1. At around 09:00 on August 1, 2015, the Defendant assaulted the victim by 'D key points' operated by the victim C (the age of 61) with the knowledge of the Defendant as a line of society. During drinking, the Defendant got home to the her head due to the cryption of a dispute between the victim and the her head due to the cryption of plastic cryp, and the cryption of plastic cryp in which the cryption took place, she dumped the cryp of the victim’s head, she dump of the victim’s head, and she dumped the victim’s head, she dump of the other dangerous object, and continuously dump his head with the victim.

2. The Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) inflicted injury on the victim E (the age of 46) who was a part of the society of the Republic of Korea, which continued to exist in the same place in the date, time, place under the preceding paragraph, and continuously, witness a dispute between the Defendant and C, and kid against the Defendant, thereby leading him/her to a satching, pushing him/her into satisfing the victim’s satisfing, satisfing him/her, satisfing him/her on the part of the victim’s head, and satisfying him/her on the part of a dangerous

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Articles 261 and 260(1) of the Criminal Act concerning the crime, Articles 261 and 260(1) of the same Act concerning the punishment of the crime, Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (a) 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. Article 62 (1) of the Criminal Act;

1. The nature of the crime is not good, such as assault for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, and the victim E does not reach an agreement, but the mistake is divided, and the victim C wishes to have the punishment of the defendant.

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