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(영문) 부산지방법원 2015.05.29 2015고단1116

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

At around 15:00 on December 30, 2014, the Defendant, at the Defendant’s house located in Busan, was under the influence of alcohol while drinking with the victim D (50 years of age) and drinking, was under the influence of alcohol, and her hand, was under the influence of knife knife (20cm in knife length) with other knife knife (20cm in knife knife knife knife knife knife knife knife knife knife)

Summary of Evidence

1. Defendant's legal statement;

1. Application of the suspect examination protocol of D, damage, and photographic Acts and subordinate statutes to the crime tool;

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 to mitigate small amount;

1. The reasons for the sentencing of Article 62(1) of the Criminal Act, Article 60(3) of the Juvenile Act [the scope of recommendations] of the sentence under Article 62(1) of the suspended sentence, the reason for the sentencing of Article 60(3) of the Juvenile Act [the scope of recommendations] of the mitigated area (1st half to half of 1 year), the mitigated area (1st to half of 1 year), the penalty not (including advanced efforts to recover damage), or considerable damage is recovered (the decision of the sentenced sentence], the fact that the decision of the sentence is an contingent crime, the fact that the damage is not serious, and the victim complained of the preference against the defendant by mutual consent with the victim.