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(영문) 창원지방법원 2015.06.25 2015고단904
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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 three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

At around 22:00 on January 8, 2015, the Defendant, while drinking alcohol at the “E” shop located in Ulsan-gun, Ulsan-gun, the Defendant: (a) took one beer disease, which is a dangerous object on the table, under the influence of alcohol, in which the victim C (the age of 46) did so; (b) laid the victim’s head at one time; and (c) 2 beer disease and two other beer disease, the head of which is uneased again, boomed the victim’s head more than twice; and (d) inflicted injury on the victim, such as a snow pool and open body around the snow, which requires approximately four weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A complaint;

1. Application of Acts and subordinate statutes of the injury diagnosis 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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing [the range of recommending punishment] under Articles 32(1) and (2) and 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation (where the scope of liability for compensation is not clear, it is reasonable to determine the scope thereof through civil litigation, etc.] [the scope of recommending punishment] under types 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi (2-4 years) (the decision of sentencing] and 1 year and 6 months of imprisonment with prison labor

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