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(영문) 부산지방법원 2015.04.09 2015고단621

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

Defendants shall be punished by imprisonment for one year and six months.

Provided, That the execution of the above punishment for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 20:45 on December 27, 2014, Defendant A expressed the victim’s desire to fight with the victim on the ground that the victim B (the age of 58) was present at the EMVIP room located in Geum-gu, Busan, for the late time at the network of the EMA club, and expressed the victim’s desire to “Chewing feass” at the victim, Defendant A expressed the victim’s head one time at the victim’s hand, who is a dangerous object, and was in possession of the victim’s head one time with the above LMet.

As a result, the defendant carried dangerous articles and put the victim into a critical head of the treatment days.

2. Defendant B, at the time, at the time, and at the place described in paragraph (1), the victim A (year 52) saw the Defendant as described in paragraph (1) 1, when the Victim A (year 52) was satisfed one time to be satisfed by the victim, and the victim was satisfyed with the satisfet, which is a dangerous object in his possession, and when the victim’s head

As a result, the defendant carried dangerous articles and put the victim into a critical head of the treatment days.

Summary of Evidence

1. Defendants’ legal statement

1. Application of Acts and subordinate statutes, written statements and photographs (Nos. 5 through 8);

1. The Defendants of relevant criminal facts: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act (the point of inflicting an injury by using dangerous articles);

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act (i.e., confession, agreement, and fact that the Defendants do not suffer from injury);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);