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(영문) 부산지방법원 2015.06.24 2015고단2377

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 became final and conclusive.

Reasons

Punishment of the crime

On March 20, 2015, the Defendant, at around 07:45, performed drinking together with the victim E (25 years of age) who was scheduled to run an entertainment drinking house business within the 6th floor D-8th floor of the Busan B building, and the Defendant, on the ground that the victim, who was on the following occasions, was able to do so in a fluorous manner, such as destroying the Defendant’s cell phone by fasting the table table and destroying the Defendant’s cell phone, was able to do so, on two occasions at two occasions, at one time at one time the victim’s face face, was bread with a beer disease, which is a dangerous object at one time, and caused the victim’s hair to go together, and caused the victim’s stroke on the days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of each statute on 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 for discretionary mitigation;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence [Scope of Recommendation] domestic violence, such as the mitigation area (one year and six months to two years) of the mitigated area (one year and six months), the exemption area of punishment [special imprisonment] the decision of the sentence [the decision of the sentence] the defendant's mistake and reflect against the defendant, the fact that the defendant has agreed with the victim, and the fact that there is no record of crime exceeding the fine.