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(영문) 부산지방법원 2014.04.17 2014고단935

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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A defendant shall be punished by imprisonment for not less than one year and six months.

Seized postmortems (No. 1) shall be forfeited from the accused.

Reasons

Punishment of the crime

1. On January 20, 2014, the injured Defendant: (a) around 22:00, on the ground that the victim E (the 50-year-old) who is a crew member of the victim E (the 50-year-old crew member) in the “D” office where the Defendant was a seafarer of the building C in Busan Jung-gu, Busan, would be able to speak without permission; (b) taken the face of the victim more than one time by drinking, and (c) taken the face of the victim in excess of the number of face of the victim, and put the victim on the face part of the victim.

2. Around 01:30 on February 1, 2014, the Defendant violated the Punishment of Violences, etc. Act (injury by a deadly weapon, etc.) (hereinafter “D”), following the following reasons: (a) the victim F (the age 46) was bread while drinking alcohol together with his/her crew members in the “D” office; and (b) the victim’s breath was bread by cutting the breath breath of the victim’s breath and drinking breath, and then the victim’s face was 80cm back to the victim’s shoulder.

As a result, the defendant tried to open the number of days of treatment on the face of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement-related Acts and subordinate statutes to F;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment with labor);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 2

1. Article 48 (1) 1 of the Criminal Act to be confiscated;