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(영문) 부산지방법원 2016.04.28 2016고단433

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for one year.

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 October 25, 2015, the Defendant: (a) while drinking pets and alcohol at C’s main points located in Busan Jung-gu, Busan, on October 25, 2015; (b) caused pets to the pets of the Defendant, on the ground that the Defendant D (48 years of age) was forced to sit in next to the pets of the Defendant; and (c) the beer’s disease, which is a dangerous object, was laid in the head of the victimized person, and the Defendant was faced with the head’s string where the number of days of treatment cannot be identified.

Summary of Evidence

1. Statement by the defendant in court;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to photographs of victims;

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

1. Article 62(1) of the Criminal Act (see e.g., Reasons for sentencing)

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is not guilty, but the degree of damage is not serious, and since the defendant agreed to do so in the course of trial with the victim, the execution of sentence is suspended for a certain period of time. However, the defendant is ordered to order the taking of force for violent treatment, taking into account the records of criminal punishment several times for the same crime.

In light of the above circumstances, the above defendant's age, sex, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence as ordered shall be determined by comprehensively taking into account the various circumstances that form the conditions for sentencing as shown in the records.