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(영문) 창원지방법원 통영지원 2014.10.01 2014고단653
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

At around 23:00 on May 8, 2014, the Defendant: (a) 23:00, while drinking the victim E (Nam, 48 years of age) and drinking, a workplace car in Tong Young-si, the Defendant called “I would like to do so like I would like to do so; and (b) the Defendant called “I would like to do so” to the victim on the ground that I would like to say “I would like to do so?????????????????????????????????????????????????????????????????????????????????????????????????????

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Each investigation report, five photographs, and the application of Acts and subordinate statutes;

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 judgment and defense counsel on the assertion of the defendant and defense counsel under Article 62(1) of the Criminal Act (i.e., confession, reflectivity, contingent crime, agreed with the victim, that the mother of the defendant needs support of the defendant, and that the defendant does not have any criminal record exceeding the fine) and Article 62(1) of the Act on the Suspension of Execution. However, according to the evidence duly adopted and investigated by the court of this case, the defendant asserted that the defendant was in a state of mental disability under the influence of alcohol at the time of the crime of this case. However, according to the evidence duly adopted and investigated by the court, it cannot be seen that the defendant was aware that he had drinking alcohol at the time

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