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(영문) 부산지방법원 2013.11.20 2013고단4764

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 becomes final and conclusive.

Reasons

Punishment of the crime

On July 27, 2013, the Defendant, at around 15:36, 2013, received a call from the victim D to the effect that the Defendant “drawing at the Defendant’s house located in Busan Jin-gu, Busan, the Defendant told the victim that “I talk about you.”

At around 15:40 on the same day, the defendant found the defendant in front of the "F Child Care Center" located in Busan Jin-gu, Busan, and found the defendant, the part of the victim's head was 1 time in front of the "F Child Care Center", and the part of the victim's body was 73 cm in front of the "F Child Care Center" located in Busan, Jin-gu, Busan, and the victim was used for the same purpose as normal stick (73 cm in length).

As a result, the defendant carried dangerous articles and inflicted injury on the victim, such as head, open, and open head, which requires treatment for about four weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. The police seizure record and the list of seizure;

1. A written diagnosis of injury;

1. Application of statutes on photographs of damage;

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 for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) shall apply to the degree of injury, but there is no previous criminal record of the same kind after