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(영문) 부산지방법원 2016.06.10 2015고단5958

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 11, 2015, around 17:30 on June 11, 2015, the Defendant drank alcohol together while under the influence of alcohol at an apartment A-106 of the Busan Young-do, Busan, the Defendant was under the influence of alcohol.

D Do In other words, the victim E (the age of 25) supported the Defendant’s growth floor and frightened the distress, which led to the misunderstanding that the victim E (the age of 25) caused two times to the glass cup, which is a dangerous article of the victim’s left side. By drinking twice the victim’s entrance part, the victim’s ear, the victim’s number of days of treatment could not be known, was 20m teared, and the victim sustained the injury.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including the E statement part);

1. A protocol concerning the interrogation of suspects of E;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution (the fact that appears to be a contingent crime, the fact that the victim has agreed with each other, the fact that the defendant also suffered any minor damage due to violence of the victim, and the circumstances leading to the instant crime, the circumstances after the crime, etc. shall be considered);