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(영문) 부산지방법원 2014.04.16 2014고단1203

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On November 22, 2013, the Defendant: (a) 17:25 on November 22, 2013, after drinking alcohol with E and the victim F (the age of 42) together with the D restaurant located in the north-gu Busan metropolitan apartment; (b) returned home with E and the victim F (the age of 42); and (c) went home with E, the Defendant was able to prevent the victim from drinking, but the Defendant was able to get the head of the victim at one time due to the small-scale illness, which is a dangerous object after hearing the horses from the victim, and had the victim undergo a medical treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Photographs;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da15488, Jan. 1, 2007; Supreme Court Decision 2007Da1548, Apr. 2, 2007)

1. Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances referred to in the above);