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(영문) 부산지방법원 2014.09.24 2014고단6634

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

Reasons

Punishment of the crime

On June 12, 201, the Defendant: (a) around 01:00 on June 12, 201, around D 01, the Defendant: (b) around D cafeteria located in Busan Seo-gu, the victim E (the age of 52) gave lessons to the Defendant running the card game, and (c) sent the face of the victim one time to an empty ward, which is a dangerous object on the cafeteriar, and (d) inflicted injury on the victim, such as the right and the mouth, which requires eight weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [Scope of Recommendation] (Article 53 and Article 55(1)3 of the Criminal Act is to be sentenced in light of the following: (a) the basic area (Article 1) of the Act on the Punishment, etc. of Habitual Injury, Habitual Injury, Bodily Injury (Article 25(1)3 (Article 55(1)3 (Article 55 of the Criminal Act (Article 55 of the Act on Discretionary Mitigation) (Article 53 of the Act on the Punishment, etc.; (b) the degree of injury (Article 2 of the Act from 2 years to 4 years); and (c) the degree of injury is heavy

(In consideration of various circumstances, a minor sentence shall be sentenced to the lowest of the sentencing criteria.