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(영문) 창원지방법원 마산지원 2013.07.03 2013고단329
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 February 19, 2013, at around 21:45, the Defendant: (a) purchased alcohol again within the D 2nd floor (ju) E cafeteria located in the Hannam-gun, Hannam-gun; and (b) performed drinking with the victim F (59 years of age) who is an employee of the fee personnel; (c) on the ground that the Defendant, who was under the influence of alcohol, did not give a warning to G, a person who was under the influence of alcohol, was able to do so; and (d) made a fighting with the body attached to each other, on the ground that the Defendant was able to give a warning to himself.

At this time, the Defendant asked the Defendant’s hand immediately in order to get out of the victim’s seat, and the Defendant laid down the main disease, which is a dangerous object in the floor of shocking, and laid down the head part of the victim once, and led the victim to a multi-facel, scambling, and scambling, which require approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

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

1. Article 62 (1) of the Criminal Act (agreement, reflectment, etc.);

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