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(영문) 부산지방법원 2016.02.04 2015고단5761

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On July 13, 2015, around 10:25, the Defendant used a saw (5cm in total length, 27cm in length on the day), which was a dangerous object that was being used for the purpose of chemical operation, during the dispute between the victim D (the remaining and 63 years old) and the civil litigation issues, and displayed the victim's head.

이로써 피고인은 위험한 물건을 휴대하여 피해자에게 약 2 주간의 치료가 필요한 귓바퀴의 열린 상처 등을 가하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Consideration of the fact that there is no record of crime related to the grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act, the victim's injury is not serious, the victim's deposit of KRW 1 million for the victim, and the fact that the crime is seriously against the victim, etc.;