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(영문) 부산지방법원 2015.12.09 2015고단5601

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 April 5, 2015, at around 00:40, the Defendant: (a) took responsibility for equipment lost by the victim E (year 31) who is located in the front of the D road located in the Dong-gu Busan Metropolitan City, and had conversations with the victim E (year 31) on the front of the D, and had the victim take a dangerous object, which is a dangerous object that the victim had taken by mistake that he is flick, and threatened the victim, "flick knick, knick", knife knife knife knife knife, and threatened the victim with the above knife knife knife knife knife knife knife knife knife knife knife.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of the victim;

1. Application of Acts and subordinate statutes on medical treatment, all of the medical records, and photographs of victims' body;

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;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] Habitual Injury, Bodi Bodi Bodi Bodi Bodily Injury, and Special Injury (Habitual Injury, Bodi Bodily Injury) mitigated (1 year and June 2) (1 year and June 6) / [1 year and June 1 year and 2] In the instant crime, the crime of this case is deemed to have inflicted an injury on the part of the victim in the knife, which is dangerous for the defendant, and the crime is serious considering the criminal tools and the part of the injury.

However, the punishment as ordered shall be determined by taking into account all the circumstances, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime and circumstances after the crime, etc., and the fact that the defendant is against the defendant, the victim does not want the punishment of the defendant, the degree of injury seems not to be serious, and the punishment shall be determined as ordered, taking into account the following circumstances.