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(영문) 부산지방법원 2013.10.16 2013고단3829

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

1. The defendant shall be punished by imprisonment for two years;

2.Provided, That the execution of the above sentence shall be postponed for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 30, 2013, around 00:28, the Defendant suffered bodily injury, such as the number of days of treatment, by taking the victim's face, etc. into consideration at the back of the victim E ( South, 54 years old) with the Si expense, while holding discussions related to the Dong-gu, Busan. In addition, the Defendant suffered bodily injury, such as the number of days of treatment, by taking the victim's face, etc. into consideration.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Application of Acts and subordinate statutes to a report on investigation;

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. The defendant and his defense counsel asserted that the defendant and his defense counsel had weak ability to discern things or make decisions under the influence of alcohol at the time of the crime of this case. Thus, according to each evidence of the judgment, the defendant seems to be under the influence of alcohol at the time of the crime of this case. However, considering various circumstances such as the background of the crime of this case, the method of crime, the details of the crime and the defendant's behavior before and after the crime of this case, it cannot be deemed that the defendant lacks the ability to discern things or make decisions. Thus, the above assertion is rejected.

Reasons for sentencing

1. The scope of special injury and basic area of the recommended sentencing criteria: Two years to four years; and

2. Determination of sentence - Decision of sentence - Specific circumstances: Imprisonment with prison labor for a period of three years, and community service hours for a period of 80 hours, in consideration of the defendant's age, character and conduct, health conditions, home environment, motive, means, results, etc. - Other various sentencing conditions specified in the records of this case, such as the defendant's age, character and conduct, health conditions, home environment, motive, means,