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(영문) 부산지방법원 2015.09.16 2015고단3566

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 12:30 on June 9, 2015, the Defendant, within the second floor office located in the Geumcheon-gu Busan Metropolitan City (main floor)’s operation of the Defendant, and on the ground that the victim, who was his employee D and the son, intending to retire, spawddd the click with his employee D, and spawdd the click on the table table, spawd two times as a hand, and spawdddd the victim, who was a dangerous object in the table.

Accordingly, the defendant abused the victim by using dangerous things.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime, Article 260 (1) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The crime of assault is committed in the case where the victim is fully responsible for the occurrence of the crime or the expansion of damage to the victim (a person who is a special person] according to the mitigation (6-1 and February, and the lowest limit of the applicable sentences under the law] [a person who is a special person] [a decision of the sentence] The crime of this case is committed in the case where the victim, who is a dangerous article, was detained in the victim, and is committed in the form of assault.

However, the punishment shall be determined as ordered by taking into account all the circumstances, such as the defendant's age, character and conduct, environment, circumstances surrounding the crime and circumstances after the crime, etc., where the defendant is against the defendant, and the victim seems to have considerable responsibility for the occurrence of the crime and the expansion of damage.