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(영문) 창원지방법원 마산지원 2014.12.23 2014고단1018
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

At around 23:00 on October 11, 2014, the Defendant changed the military night to the victim E (the 47-year old) who was on the street in front of the Simpo-si, Simpo-si, Simpo-si, Simpo-si, and sought from the victim the answer of "I will no night at the Gun of Gun," which is a dangerous object located on the road on the ground that the chemical has come to fall, and caused the victim's injury to E in terms of the number of treatment days in which the skin part of Simpo-si is teared."

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment of photographs on the upper part of the body);

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. Part concerning the rejection of prosecution under Article 62 (1) of the Criminal Act (i.e., confession and agreement with the victim);

1. The summary of the facts charged is that the Defendant assaulted the Victim F by taking the Victim F (the age of 47)’s knifeing the victim’s knife at the time and place of the above crime, and putting his head knife, going beyond the floor, thereby damaging the Victim F.

2. Article 327 subparagraph 6 of the Criminal Procedure Act, Article 260 (3) and (1) of the Criminal Act for reasons;

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