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(영문) 부산지방법원 2014.09.04 2014고단3112

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

Reasons

Punishment of the crime

On 04:50 on 15, 2014, the Defendant drinked KRW 40,00,00 in the market price of 6 disease and safeer, etc. from the Plaintiff’s mobile phone located in the Busan Seo-gu, “Dju store”, “Dju store,” and, on 15, 2014, the Defendant saw the Defendant’s mobile phone with no drinking value to bring about the alcohol value and to find it. The Defendant saw the Defendant’s mobile phone with the Defendant’s cell phone with no drinking value and brought about the Defendant’s drinking value to the Defendant’s cell phone, and she took a bath, such as “Chewing, Chewing, and her back,” and she took three times to the victim’s left shoulder, followed the victim’s left shoulder, and put the victim into a fright-hand shoulder, etc. on the day of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes of each photograph (Evidence Nos. 3 and 4);

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (with regard to the fact that the injury is not serious, reflectivity, etc.);

1. It is so decided as per Disposition on the grounds of the reasons for sentencing of Article 62(1) of the Criminal Act [the scope of recommending punishment] of the Act on the Suspension of Execution for not less than one year and six months of imprisonment with prison labor, and not less than three years of suspended execution (including the fact that the criminal situation is minor, and that the defendant is in profoundly against the prison life for a considerable period of time).