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(영문) 창원지방법원 2016.06.02 2015고단1011
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for one year.

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

Criminal facts

On September 28, 2014, the Defendant: (a) around 02:55, on the road in front of the “E” restaurant operated by the victim D(50 Dop) who was in the window C of Changwon-si, the Defendant: (b) made a dispute with the victim that the victim moves to and takes the vehicle of the Defendant who was set up in front of the parking lot; (c) dumped with the victim; (d) dump with the victim; (d) dump the head of the victim; and (e) dump the victim’s head was faced with the wall that the victim was pushed over, and (e) dump the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness F, G and H;

1. Statement made by the police against D;

1. Application of each statute on photographs;

1. Article 257 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Where the reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] is the mitigated area (two months to one year), the mitigated area (including a person who has been specially mitigated), or considerable damage has been recovered (the decision of sentence] one year of imprisonment, two years of suspension of execution (the details and method of crimes, degree of injury, degree of injury, reflectness, agreed fact, agreed fact that there are several times of records of criminal punishment for the same kind of crime)

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