beta
(영문) 부산지방법원 동부지원 2012.12.27 2008고단1523

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2. Provided, That 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 21, 2008, at around 03:55, the Defendant: (a) sounded the victim D (the age of 48) who is a customer in the Nam-gu Busan Metropolitan City C restaurant as “humping off”; (b) took the victim’s face to the victim’s face; and (c) took a dangerous object on the new site, and (d) took about about 6cc tear of the victim’s mari, and (e) took a part of the victim’s hump, etc. requiring approximately 2 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

2. Statement made by the police against D;

3. Application of Acts and subordinate statutes to medical certificates and opinions.

1. Article 3(1) and Article 2(1)3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2(1)3 of the Punishment of Violences, etc., and Article 257(1) of the Criminal Act [However, the upper limit of punishment shall be 15 years of imprisonment with prison labor prescribed in the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 201

2. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 53 or 55 (1) 3);

3. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation).