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부산지방법원 2015.06.05 2015고단1560

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 7, 2015, the Defendant: (a) went on the back seat of the Busan Coast Guard Station that was driven by the victim C (the age of 53) before the Busan Coast Guard Police Station of the Busan Coast Guard located in 10 (the age of 53) and went on the back seat of the Jeju Coast Guard; (b) was driving on the front of the Kuk Star Apartment apartment located in 339, the Defendant got on the front of the said Dondong Station; and (c) was in possession of the Defendant, on the ground that the victim returned to another way, to the normal passage of the Plaintiff; (d) was in possession of the deadly weapons (the length of 8.5cm, the knife is 1.5cm, the length of knife is 19cc, and the total length is 19cc), laid on the left hand; and (d) laid off the victim’s neck with his left arms, thereby preventing the victim’s finger.

As a result, the defendant put the victim into the left-hand hand and the left-hand balance of 4 weeks of medical treatment.

Summary of Evidence

1. Part of the defendant's legal statement;

1. C’s statement;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on damaged photographs and blade photographs;

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act;

1. A suspended sentence of imprisonment shall be imposed in consideration of the reasons for sentencing under Article 48 (1) 1 of the Confiscation Criminal Act / [Scope of recommending punishment] where the mitigated area (including special mitigation), the mitigated area (one year and six months through two years and six months), the punishment not (including serious efforts to recover damage), or considerable damage has been recovered (the decision of a sentence] where the decision of a sentence appears to be a contingent crime, the violation of mistake, and the degree of damage is not significant, and the fact that an agreement has been agreed with the victim, etc., shall be sentenced to a suspended sentence of imprisonment;