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(영문) 부산지방법원 2015.10.15 2015고단5154

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 18:50 on July 26, 2015, the Defendant, at the main point of “D,” located in Busan Jin-gu, Busan, for drinking alcohol together with the victim E (the age of 48) and, at the same time, had the victim continuously left the Defendant’s day-to-day movement fee, the Defendant collected fluor’s disease, which is a dangerous object on the consignee, and caused the victim to suffer an injury in the number of days of treatment by having the victim tear the inner part of the victim at one time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to photographs of victims and photographs of studios' disease;

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 2006Da1548, Jan. 1, 2006)

1. Article 62 (1) of the Criminal Act on the suspended execution.