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(영문) 창원지방법원 마산지원 2013.10.02 2013고단682
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

Punishment of the crime

On 20:50 on 25:20 on 2013. 20:50, the Defendant rejected the Defendant’s assertion that F is taking a bath for the Defendant at the Ecafeteria located in the D market located in Changwon-si, Changwon-si, and that F is taking a bath for the Defendant. In order to comply with this, the Defendant was denied the Defendant’s refusal to find the said restaurant out of F where F was drinking together with the victim G (51 years of age).

Therefore, while the Defendant putting an empty beer who was located in front of the above restaurant and boomed a bath, the Defendant sawd the victim who was traveling at the entrance of the beer restaurant and talked with the beer who was in contact with him, on two occasions the head of the victim as an empty beer who was a dangerous object used by his hand. On the wind, the Defendant saw the victim as the shoulderer immediately left another sick at the head of the victim, resulting in an injury, such as a head covered by the victim for about four weeks of treatment, and the loss of the left hand was caused by the Defendant’s head.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to medical certificates and opinions;

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. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Community service order: Article 62-2 of the Criminal Act;

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