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(영문) 부산지방법원 2015.10.22 2015고단5144

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

At around 22:00 on June 6, 2015, the Defendant stated that his security guards work for the victim D (the age of 65) in the Busan Seo-gu Factory, Seo-gu, Busan, where the security guards work as security guards, work for the victim D (the age of 65). However, the Defendant left the chest gate of Aluminium, which is a dangerous object that the victim had been in possession of in advance due to tending to take care of the victim, three times, such as the right side of the victim, and caused the victim to spaw off the chest gate that requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim;

1. Application of Acts and subordinate statutes of a photograph and bodily injury certificate;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act (the point of inflicting an injury by using dangerous articles);

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

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act [Scope of Recommendation] : The sentence that has no basic area (two to four years) (two-four years) of category 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi) and the scope of the comparative sentence: two to four years [Pronouncement Decision] applicable to this case; the degree of injury inflicted on the victim; the defendant is led to confession; the defendant is deposited for the victim; the amount of one million won is deposited for the victim; the defendant has no other criminal power, other than the fine once; the motive for the instant crime; the conditions for the sentencing prescribed in Article 51 of the Criminal Act, such as the health status of the defendant; and the sentencing guidelines prescribed by the Sentencing Committee of the Supreme Court, shall be taken into consideration; however, the sentence shall be determined as ordered