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(영문) 부산지방법원 2013.05.30 2013고단529

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around January 9, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective injury by deadly weapons, etc.) caused an injury to the victim D (the age of 26, south) who is an employee at the Busan District Cju (the age of 30,000,000) on the ground that he did not turn back 10,000 won in the preserving preserving the string, but he did not receive the victim again, on the ground that he did not receive the victim, but did not receive the victim, because he was a deadly deadly weapon on the part of the head of the victim, at the price of the ma and the part of the back head of the victim with a deadly weapon on the part of the head of the victim, and caused an injury in the number of days of treatment, such as tearing the part of the victim.

2. The Defendant damaged property damage, at the same time and time as set forth in Paragraph 1, a monitious monst which was an employee of the same business establishment where D was assaulted by the victim E, and caused the monitus to tear, thereby damaging the monitus spread owned by the minor victims of the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to D, F, and E;

1. Police seizure records;

1. Application of the Acts and subordinate statutes to photographs (such as photographing the body of the victim);

1. In cases of a crime by relevant legal aid: Destruction of property under Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act: Article 36 of the Criminal Act;

1. Aggravation of concurrent crimes: former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the long-term punishment for two crimes is aggregated);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (All circumstances, such as that the defendant has no record of punishment and does not want the punishment of the defendant by mutual consent with the victims);

1. Article 62 (1) of the Criminal Act (see Reasons for discretionary mitigation);

1. It shall be so decided as per Disposition for the reasons under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;