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(영문) 창원지방법원 통영지원 2018.08.31 2017고단1604
폭행등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On February 3, 2017, at around 23:30 on February 3, 2017, the Defendant, while drinking alcohol in C in a scambling 23:30, had the victim D (35 tax) and scambling. The Defendant, when the victim, who scamed for cambling the Defendant, scamed against the Defendant and scaming the face of the victim.

2. The Defendant, as mentioned in paragraph 1, had drinking at the time, place, and so called D and fighting as above, had served the Defendant on D and fighting. As such, the Defendant: (a) placed the Victim E (the 38 years of age) and the Victim F (37 years of age); and (b) placed the Victim E in a beer disease (the length of approximately 20cm) which is a dangerous thing in that place; (b) caused the Victim E to inflict an injury on the right hand hand and dys of the knick, requiring approximately two weeks of treatment; and (c) continued to inflict an injury on the Victim F, who had been suffering from the said beer disease, for about two weeks of treatment.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to G, F, and E;

1. Application of Acts and subordinate statutes to field photographs and damaged parts of the photograph;

1. Relevant legal provisions and the point of violence on the crime: Special injury under Article 260 (1) of the Criminal Act (elective of imprisonment): Articles 258-2 (1) and 257 (1) of the Criminal Act;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution of the Criminal Procedure is that the victim D, first of all, was faced with the defendant with the beer balance, the victim F, and E are not punished, and the victim D has made a statement at an investigative agency that there was no assault from the defendant, or that there was no assault against the defendant.

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