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(영문) 부산지방법원 2014.08.13 2014고단4696

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 12, 2014, at around 05:00, the Defendant took a meeting with employees, such as victim E (the 19-year old), a restaurant, at the D restaurant where the Defendant in Busan, was working for the defendant in Busan, and suffered bodily injury, such as double fluorcing, which requires approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the mitigation area (1 year and six months to two years), mitigation area (1 year and six months to six months), penalty exemption (including advanced efforts for recovery of damage), or considerable damage has been restored to the sentencing criteria [Scope of recommendation] for habitual injury, repeated injury, and special injury (Habitual injury, repeated injury, and special injury) for habitual injury;

2. Determination of sentence of punishment and consideration of the fact that the defendant is the first offender, etc.