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(영문) 창원지방법원 마산지원 2016.02.03 2015재고단24
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 5, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Changwon District Court on October, 2012, and the suspended sentence was finalized on August 3, 2012.

1. On January 9, 2012, the Defendant: (a) around 19:40, at D D multilaterals located in the Hannam-gun, Hanan-gun, Hanan-gun, the victim E living together, and the above multiple employees, expressed the victim’s desire to do so; (b) the victim’s head was cut back several times with hives (40cm in length) which are dangerous objects being kept in the public room; (c) the victim’s chest and the head was cut back twice by drinking; (d) the victim’s face was 2 times by drinking; and (e) the victim’s loss was caused by an electrical bridge, which is dangerous objects in the public room, so that the victim’s loss cannot know the number of days of treatment; and (e) the part and the part in this part, which are the hives of the victim.

2. Around December 11, 201, the Defendant: (a) committed a assault against the victim, such as when the victim’s her desire was expressed to the victim; (b) the victim’s her abane, which is a dangerous object, was hyped to the victim; and (c) the victim’s her shoulder was hyped to the victim after the victim’s hyp; and (d) the victim her hyp was hyped to the victim; and (e) the victim was her hyped to the victim, which is a dangerous object in the golf bank that was kept in the ward.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement protocol of E prepared by the police;

1. Records of seizure and list of seizure prepared by the police;

1. A photograph of parts of the victim's body;

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, a report on the result of confirmation of the previous conviction before and after the disposition (No. 29 No. 5 of the evidence list), and application of each

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act (a point of special assault and choice of imprisonment with labor) concerning facts constituting an offense;

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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