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(영문) 창원지방법원 통영지원 2013.08.14 2013고단216
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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 December 7, 2012, the Defendant: (a) around 19:00, on the ground that the victim E (the age of 45) expressed the Defendant’s desire to do so at the D cafeteria located in Tong Young-si, the Defendant ran the instant two open measures that require approximately four weeks of treatment on the part of the victim’s head.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. The investigation report (Attachment of photographs);

1. Application of Acts and subordinate statutes of 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act is to be determined as ordered by considering the following circumstances: (a) the defendant recognized the instant crime and reflects in depth; (b) the contingent crime was committed; (c) deposited 1.5 million won for the victim; and (d) the defendant’s age, character and conduct, family relationship, family environment, means of crime; and (e) the conditions for sentencing specified in the records of the instant case, including the circumstances after

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